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Home My WebLink About95-188 007-420-060---�� NHOJECT SUMMARY SPIE FILE NO AP#007:-42.0-0.6.1:1. - -a-1-4 uuPartment . PROJECT TYPE; APPLICANT; Owens Family Trust A ADDRESS 80 Owens Road, :Chico, CA 95926 OWNER; Owens, Domina .Trustee ADDRESS; 80 Owens Road, Chico CA 95926 REPRESENTATIVE: ADDRESS; PROJECT DESCRIPTION; Use permit to allow theatrical plays with reherarsal' classrooms, and limited day care facility PROPERTY ZONED; ,R-,p-4.CLOCATED; on the west side of Garner Lane approx 1500ft north of Hwy. 99 at 13543 Garner Lane, Chico, CA 95926 AP NO. oo7-42o-o6o TOWN/AREA; •Chico GENERAL PLAN DESIGNATION; AG - R e s i - Public 1. Application Complete: Amount: 1258 . 00 Recelpt No.: 14 8 6 7 L Comments sent to: �. Comments received from: 4. Rezone Petition Signatures Checked: 5. Melling Ust/Lead-In Sheet: , 6. Assigned To: 7. Environmental Determination: _Categodcal Exemption-CEOA# Stats Clearinghouse No.: gaUve Declaration Mitigated Negative Declaration Subject to Fish 8 Game: Environmental Impact Report ` Den. Rule Ex. -CEOA it15061.(bx3) Other 0. Staff Report: Project Video: ' e. Clearinghouse circulation required: Yes No Date Sent to SCN: 10: Publication Notice Written: Display Ad Prepared: 11. Notices Mailed: Number of Notices: 12.. Newspaper Publication Date: %Q �~ O C P G B R 13. Planning Commission Neering(s):',/n .3a _ 7 7 @ 0 O . /h • Action taken: Special Conditions: Commission Resolution No. 14. Board of Supervisors' Neadng(s): Action taken: Board Resolution No.: Ordinance No.: Adopted: 15. Type Use Permit/Send for Signature: 16. N.O.EJN.O.DJAPPENDIX O: Fish & Game Fees Paid: Yes No 17. Send validated Use Permit: le. Assessor's Memo: USE PERMIT BUTTE COUNTY PLANNING COMMISSION DATE: (Certified Mail Rec.) 95-188 • PERMIT NO. AP 007-420-060 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Owens f=amily Trust is hereby granted a Use- Permit sePermit in accordance with application filed: 6/5/95 to allow children's theatrical plays with rehearsal classrooms and a limited day care facility on property zoned SR -1 located at 13543 Garner Lane, Chico. 1. Failure to comply with the conditions specified herein as the basis for approval of application and issuance of Permit, constitutes cause for the revocation of said permit in accordance with :the procedures set forth in the Butte County Zoning Ordinance, including Butte County Code Sec. 24-62. 2. Unless otherwise provided for in a special condition to this use permit, all conditions must be completed by the Permittee within 24 months of the delivery of the countersigned permit to the Permittee. 3. If any use for which a use permit has been granted is not established within two years of the date of receipt of the countersigned permit by the Permittee, the permit shall become null and void and reapplication and a new permit shall be required to establish the use. 4. The terms and conditions of this permit shall run with the land and shall be binding upon and be to the benefit of the heirs, legal representatives, successors, and assigns of the Permittee. Section 1: Environmental Findings. A. An Initial Study was completed in compliance with the California Environmental Quality Act identifying potentially significant environmental effects that the project may have. Provisions and the design of the project and the conditions added to the project will mitigate such effects to a level of insignificance; and B.. The Planning Commission has independently reviewed, analyzed, and considered the proposed Negative Declaration with mitigation measures prior to .making its decision on the project, and the Negative Declaration reflects the independent judgement of Butte County; and Section 2: Zoning Ordinance Findings. A. The proposed use is a Non -conforming Use of the property which pursuant to Butte County Code Section 24-35 will not conflict with, impair or be detrimental to the uses both permitted and conditional in the SR -1 zone and the Agricultural Residential General Plan designation in which it is located and/or adjoins; and B. The proposed use would not be unreasonably incompatible with, or injurious to, surrounding properties in that the project is conditioned to reduce associated impacts to a level of insignificance that are similar to existing conditions in the area; and C. The proposed use of the property would not be detrimental to the health, safety, and general welfare of the persons residing or working in the neighborhood, or to the general health, welfare and safety of the residents of the County in that the proposed use will be conditioned to reduce associated impacts to a level of insignificance. Section 3: Action A. Subject to the findings indicated in Sections 1 and 2 of this Permit and the conditions below, a Negative Declaration with mitigation measures is hereby adopted and the Use Permit approved for Owens Family Trust on APN 0007- 420-060 to allow theatrical plays with rehearsal classrooms and a limited day care facility on property zoned SR -1 located on the west side of Garner Lane at 13543 Garner Lane in the Chico area. B. Minor changes may be approved administratively by the Director of Development Services or designee upon receipt of a substantiated written request by the applicant. Prior to such approval, verification shall be made by each Department or Division that the modification is consistent with the application, fees paid and environmental determination as conditionally approved. Changes deemed to be major or significant in nature shall require a formal application for amendment. C. Mitigation Measures and conditions: 1. No new development or alteration of the property shall be permitted in connection with this Use Permit. All events, functions and meetings shall utilize existing facilities. Any alterations to the site designed for, or intended to be used for permitted activities, shall require a review by the Planning Commission. 2. The use of the property for the purpose of conducting performances of the children's theater and an associated limited day care facility for participants, will be restricted to eight (8) performances per month and be held on Friday evenings, Saturday's and Sunday's only. All performances shall be concluded by 10:00 p.m. Restrictions do not apply to rehearsals, class time or other preparation functions not involving public attendance of functions. 3. Applicant shall receive approval from the Environmental Health Division for the use and meet all regulations concerning the provision for adequate septic system installation and water availability prior to issuance of Use Permit. 4. Submit a final site plan to Planning Division showing a minimum of 30 parking spaces and indicating required landscaping pursuant to the Butte County Code Section 24-240, including, but not limited to parking lot landcaping. 5. ✓ Prior to issuance of Use Permit the proposed use and structure shall be reviewed by the Building Division. A Special Inspection of the structure may be required. The applicant shall obtain written approval from the Building Division for the proposed use and submit a copy to the Planning Division. 6. Provide a covenant for the installation of curb, gutter, and sidewalk to the RS - 2A road standard on Garner Lane. 7. Construct a half street section on Garner Lane to the RS -313 road standard with fog seal, 2 inch prime coat, 8 inch AB, 95% relative compaction of top 6 inches of subgrade. Widening may be allowed if existing road structural section meets County standards. 8. If the parking lot is paved or the lot is otherwise improved, the applicant shall provide a permanent solution for drainage and submit construction and drainage plans to Department of Public Works for approval and install the required facilities. 9. Construct a standard public road approach at the intersection of access and Garner Lane or share a common access with the church to the south. 11. Provide insurance acceptable to Butte County Counsel and name Butte County as also insured. 10. Applicant shall comply with all other applicable state and local ordinances, statutes and regulations. I hereby declare under penalty of perjury that I have read the foregoing conditions, that they are in fact the conditions which were imposed upon the granting of this use permit, and that I agree to abide full by said "conditions. Dated: Applicant - �� l� -�?✓2�� NOTE: Issuance of this Use Permit does not waive requirement -of obtaining Building and Health Department permits before starting construction, nor does it waive any other requirements. Butte County Plaanning Comm CC: Land Development Division Building Division Health Department Department of Forestry Chair SECTI ., � 5 T 22 N RIE � -7 I I N89010*36ilE 2639.50 SUB N0.1, 16 M. O. R. 12 C la i c.0 A i 2PC) Z -r P 07-42 Z I W, (10 O P �+1 0 O O t 4 Assessor's Mop No. 07-42 N County of Butte, CA. REVISED: 10-93 s" SECTI ., � 5 T 22 N RIE � -7 I I N89010*36ilE 2639.50 SUB N0.1, 16 M. O. R. 12 C la i c.0 A i 2PC) Z -r P 07-42 Z I W, (10 O P �+1 0 O O t 4 Assessor's Mop No. 07-42 N County of Butte, CA. REVISED: 10-93 a AGENDA ITEM AGENDA REPORT TO: Honorable Chair and Planning Com fission FROM: Barry K. Hogan, Planning Manage BY: Stephen Lucas, Associate Planne DATE: October 12, 1995 REQUEST: Use Permit for Owens Family Trust on APN 007-420-060: A request for a Use Permit to allow children's theatrical plays with rehearsal classrooms and a limited day care facility as an alteration of a nonconforming use on a 1.5 acre parcel located on the west side of Garner Lane approximately 1500 ft. north of SR 99 at 13543 Garner Lane, Chico. The property is zoned SR -1 (Suburban Residential -1 acre min.) This project is located in Supervisorial District 3. RELATED ITEMS: Tentative Parcel Map approved May 8, 1995 for four parcels. (Attached) FOR: Planning Commissioi7 Meeting of November 30, 1995 ABSTRACT: This application is for a Use Permit to allow theatrical plays with rehearsal classrooms and a limited day care facility. The proposed use is an alteration of a pre-existing nonconforming use in the SR -1 zone and Agricultural Residential General Plan designations. Staff recommends approval with conditions and findings contained in this report. PROJECT CHARACTERISTICS: This project is a request for a Use Permit to allow an existing nonconforming use to be altered to allow theatrical plays with rehearsal classrooms and a limited day care facility for participants and attendees. The use will occur on a 1.5 acre parcel located at 13543 Garner Lane in North Chico. The parcel in question was one of four recently approved 1+ acre lots created by a tentative parcel map (approved on May 8, 1995) on a 4.6 acre parcel owned by the same party. The tentative map has yet to be recorded/finaled, however, this project will address the use as if the map has been recorded. The applicant is asking for the use of the building for drama classes and rehearsals 8 hours a day Monday through Friday. Performances are to be held on -Friday evening's, Saturday's and Sunday afternoons with 8 performances a month being held for an anticipated 60 person seating capacity. The applicant proposes to utilize the existing 5,400 sq. ft. building and a large, 36+ space gravel parking area. An occupied mobile home and a shed are also present on the site. The mobile home is located along the rear (west) property line and screened from view by landscaping. The original 4.6 acre parcel was zoned both PQ and SR -1 with a General Plan designation of Agricultural Residential and Public. The smaller 1.5 acre lot containing the proposed use is within the SR -1 zone and the Agricultural Residential General Plan designation. The parcel is also within the North Chico Specific Plan area. The surrounding area is predominantly suburban residential uses with some property owners maintaining stables for horses. The exception to this characterization is the lot to the south where a church has been approved and is being built. Access to the site will be from Garner Lane via a shared driveway at the southeast corner of the lot. ■ Butte Counti Department of Development Services - Planning Division ■ 1 AGENDA ITEM ANALYSIS: The Initial Study completed for this project has identified two primary issues and concerns that must be addressed in order to accurately assess the project. These issues/concerns are land use and traffic generation. Some questions are raised as to the need for improvements to the existing well and septic systems m on the property to ensure adequate capacity for the proposed use, but these issues will be required to be resolved as a condition of approval. Site design for access and drainage will be required to adhere to the conditions established for the Tentative Parcel Map approved on the site in Mav 1995._ The TPM conditions are not reflected individually in this report, but will be covered by one single condition requiring that all appropriate conditions be met. Land Use The project site is -zoned SR -1 with a General Plan designation of Agricultural Residential and is within the North Chico Specific Plan area. The Gamer Hall building proposed for the project is a pre-existing structure built in 1968 that has been historically used as an Odd Fellows assembly hall and for other community events prior to the recent intensive residential development in the area. With the adoption of the SR -1 zone in 1981, the existing use of the building became a nonconforming use which could continue to operate without any changes in the use. This status did not change as a result of the adoption of the North Chico Specific Plan. This use permit is to allow the alteration of this pre-existing use pursuant to Butte County Code Section 24-35.2, so that the building can be used for drama classes and as a childrens theater. The alteration in the use will not be unreasonably incompatible with or conflict with, the surrounding suburban residential uses provided no new development occurs on the property beyond existing levels of intensity and the use is limited in scope to weekday rehearsals and weekend performances. The use of the building for the intended purpose will not cause significant traffic, noise, light, or environmental impacts that could be a nuisance to the surrounding parcels. In locating the proposed use in a safe residential_ environment, close to potential participants and easily accessible to SR 99, the proposal allows fora positive use of an existing building for a community onente activity. It should be note t at t e building could continue to e used for a variety o pu Tic assembly purposes without the need of a use permit. These permitted uses could involve a much larger number of people and not be subject to the site improvements or occupancy levels associated with the proposed use. In approving this use, the Commission has the opportunity to control an existing nonconforming property and impose conditions that will allow the use to harmoniously co -exist with residential uses in the area. Road and Traffic impacts An issue of concern is the traffic impacts associated with the project. The proposal will not generate a substantial number of vehicle trips because the expected of number of vehicle tfips generated from this use will be between 30 and 60 trips per performance and between 14 and 28 trips a day during classroom rehearsals. The applicant anticipates conducting performances at the children's theater a maximum of 8 times a month and holding classroom rehearsals 3 to 4 times a week. When these events are combined, the two items will generate approximately 150 to 300 trips per week or the approximate equivalent of the traffic generated by four tofve residential units in a week. The traffic generated will also occur during non -peak hours. generally between 7:00 p.m. and 10:00 p.m. on Friday and Saturday evenings and midday on Sunday. The cumulative annual impact of the traffic generated by this use is incremental compared to the average daily traffic counts found on Garner Lane where the Level of Service is above Level "C", the minimum County A' Butte Cowin- Department o(Development Sen ices - Planning Division • 2 standard. The proposed use will operate on a parcel adjoining the recently approved church to the south which will add additional cumulative traffic counts on Sunday's. The total traffic on Sundae will not be significant because the traffic will be dispersed at intervals and at non -peak hours. The North Chico Specific Plan (NCSP) indicates that Garner Lane and the Garner Lane/SR 99 intersection are capable of serving all new development in the area now and in the future. The California Department of Transportation has responded to this project by commenting that no significant impacts on SR 99 are expected to occur from this project, but it will contribute to the cumulative impact on the Garner Lane/SR 99 intersection. This use represents only a small fraction of the possible traffic impacts that are anticipated from the planned residential development in the area which the NCSP allows for an increase of approximately 3000 new residential units. Other concerns The existing 5400 sq ft building was built in 1968 and may not meet current building code standards for the proposed use. Prior to issuance of Use Permit, the applicant will be required to have the building inspected by the Building Division to determine the safety of the structure for the proposed use. If the building does not meet Building Code requirements for the proposed use, the applicant shall correct any problems to the satisfaction of the Building Division or the Use Permit will be invalid and the applicant shall be required to vacate the structure and/or cease the use. The project site is located in the Chico Urban Area and is subject to the road improvements required by the City. The Department of Public Works (DP%k') will monitor these requirements and they will be included as conditions of project approval. Additionally, the DPXN' is requiring the applicant to construct a half street section along the property frontage with Garner Lane, provide a permanent solution for drainage, and construct a standard public road approach at the access point to Garner Lane. The Butte County Fire Department has responded with no additional concerns. ENVIRONMENTAL DOCUMENTATION: This application has been defined as a project under the California Environmental Quality Act (CEQA) and as such, is subject to the requirements of CEQA. An Initial Study has been prepared by County staff. Based upon the a review of the Initial Study, staff has determined that the project impacts can be fully mitigated with the addition of mitigation measures added as conditions of approval for the project. PUBLIC NOTICE AND COMMENTS: This application requires that a public hearing be advertised and held. Public notices were mailed to all property owners within a 300 foot radius of the subject property. As of the date of this report we have received no public comments. RECOMMENDATION: Staff recommends that the Planning Commission approve the application for the Owens Family Trust on APN 007-420-060, subject to the following findings and conditions in the attached Exhibit "A". Attachments: A: Project and Surrounding Area, B: Vicinity Map C: Site Plan D: Environmental Documentation Butte Counnv Department of Developmem .Sen•icec - Plannurg Division a 3 EXHIBIT "A" USE PERMIT BUTTE COUNTY PLANNING COMMISSION DATE: (Certified Mail Rec.) 95-188 PERMIT NO. AP 007-420-060 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Owens Family Trust is hereby granted a Use Permit in accordance with application filed: 6/5/95 to allow children's theatrical plays with rehearsal classrooms and a limited day care facility on property zoned SR -1 located at 13543 Garner Lane, Chico. Failure to comply with the conditions specified herein as the basis for approval of application and issuance of Permit, constitutes cause for the revocation of said permit in accordance with the procedures set forth in the Butte County Zoning Ordinance, including Butte County Code Sec. 24-62. Unless otherwise provided for in a special condition to this use permit, all conditions must be completed by the Permittee within 24 months of the delivery of the countersigned permit to the Permittee. If any use for which a use permit has been granted is not established within two years of the date of receipt of the countersigned permit by the Permittee, the permit shall become null and void and reapplication and a new permit shall be required to establish the use. 4. The terms and conditions of this permit shall run with the land and shall be binding upon and be to the benefit of the heirs. legal representatives, successors, and assigns of the Permittee. Section 1: Environmental Findings. A. An Initial Study was completed in compliance with the California Environmental Quality Act identifying potentially significant environmental effects that the project may have. Provisions and the design of the project and the conditions added to the project will mitigate such effects to a level of insignificance; and B. The Planning Commission has independently reviewed, analyzed, and considered the proposed Negative Declaration with mitigation measures prior to making its decision on the project; and the Negative Declaration reflects the independent judgement of Butte Count-; and Butte C ountn Departure m of Development S'en ices - Planning Division A' 4 •- • Section 2: Zoning Ordinance Findings. A. The proposed use is a Non -conforming Use of the property which pursuant to Butte County Code Section 24-35 will not conflict with, impair or be detrimental to the uses both permitted and conditional in the SR -1 zone and the Agricultural Residential General Plan designation in which it is located and/or adjoins; and B. The proposed use would not be unreasonably -incompatible with, or injurious to, surrounding properties in that the project is conditioned to reduce associated impacts to a level of insignificance that are similar to existing conditions in the area; and C. The proposed use of the property would not be detrimental to the health, safety, and general welfare of the persons residing or working in the neighborhood, or to the general health, welfare and safety of the residents of the County in that the proposed use will be conditioned to reduce associated impacts to a level of insignificance. Section 3: Action A. Subject to the findings indicated in Sections 1 and 2 of this Permit and the conditions bel6w, a Negative Declaration with mitigation measures is hereby adopted and the Use Permit approved for Owens Family Trust on APN 0007-420-060 to allow theatrical plays with rehearsal classrooms and a limited day care facility on property zoned SR -1 located on the west side of Garner Lane at 13543 Garner Lane in the Chico area. B. ;Minor changes may be approved administratively by the Director of Development Services or designee upon receipt of a substantiated -written request by the applicant. Prior to such approval, verification shall be made by each Department or Division that the modification is consistent with the application, fees paid and environmental determination as conditionally approved. Changes deemed to be major or significant in nature shall require a formal application for amendment. C. Mitigation Measures - No new development or alteration of the property shall be permitted in connection with this Use Permit. All events, functions and meetings shall utilize existing facilities. Any alterations to the site designed for, or intended to be used for permitted activities, shall require a review by the Planning Commission. 2. The use of the property for the purpose of conducting performances of the children's theater and an associated limited day care facility for participants, will be restricted to eight (8) performances per month and be held on Friday evenings, Saturday's and Sunday's only. All performances shall be concluded by 10:00 p.m. Restrictions do not apply to rehearsals, class time or other preparation functions not involving public attendance of functions. Aw Rune Cowin Deparnnent of Development Senices - Planning Division AN 5 Ao(> 10 suVtJCf -M 6avi D. , Planning Division Conditions: Applicant shall receive approval from the Environmental Health Division for the use and meet all regulations concerning the provision for adequate septic system installation and water availability prior to issuance of Use Permit. 2. Submit a final site plan to Planning Division showing a minimum of 30 parking spaces and indicating required landscaping pursuant to the Butte County Code Section 24-240, including, but not limited to parking lot landcaping. 3. Prior to issuance of Use Permit the proposed use and structure shall be reviewed by the Building Division. A Special Inspection of the structure may be required. The applicant shall obtain written approval from the Building Division for the proposed use and submit a copy to the Planning Division. E. Public Works Department Conditions: ProVide a covenant for the installation of curb, gutter, and sidewalk to the RS -2A road standard on Garner Lane. 2. Construct a half street section on Garner Lane to the RS -3B road standard with fog seal, 2 inch prime coat, 8 inch AB, 95% relative compaction of top 6 inches of subgrade. Widening may be allowed if existing road structural section meets County standards. 3. If the parking lot is paved or the lot is otherwise improved, the applicant shall provide a permanent solution for drainage and submit construction and drainage plans to Department of Public Works for approval and install the required facilities. 4. Construct a standard public road approach at the intersection of access and Garner Lane or share a common access with the church to the south. 5. Applicant shall comply with all other applicable state and local ordinances, statutes and regulations. I hereby declare under penalty of perjury that I have read the foregoing conditions, that they are in fact the conditions which were imposed upon the granting of this use permit, and that I agree to abide fully by said conditions. Dated: Applicant NOTE: Issuance of this Use Permit does not waive requirement of obtaining Building and Health Department permits before starting construction, nor does it waive any other requirements. , Butte County Planning Commission Chair Ar Bune Counn• Deparmew of Deve/opmew .5envices - Maiming Divisioat AF 6 CC: Land Development Division Building Division Health Department Department of Forestry k:,paepon owem.rpt / Butte Counn Departntent of Development Sen ices - Planning Division / VICINITY MAP AP# 007-420-060 UP 95-188 BUTTE COUNTY PLANNING COMMISSION Applicant: Owens Family Trust Owner: Domina Owens, Trustee Hearing Date: Existing Zone: SR -1, P -Q N Request: Use Permit to allow theatrical plays with rehearsal classrooms, and Limited day care facility. No Scale I Assessor Parcel No: 007420-060 1 File: 95-188 1 Z J J LL- CL L CL Q t 8 i iALICATION FOR USOPERMIT IBUTTE COUNTY PLANNING COMMISSION APPLICANT: Read and follow instructions as set forth on attached sheet. Applicant's name Applicant's mailing address Applicant's interest in property (Owner, lessee, other) UCV/V Owner's name and address Phone No. 3 T �1 _..13®1 Contact person for project (if other than applicant) /o El- 04)FfiS -,3c/--3 7©*/ :,Z Assessor's parcel number(s) � � i A�+c� Present zoning S Location and size of parcei(s) � RcAr Pep rF-1- /+ � � �� , 1 � f� Street address /c 4,3 LXPE' Ch, W U Directions for travel to property (rural and mountainous areas only):: �e Description of proposed development and use , N9�- rte.,., Description of existing land use Proposed scheduling/associated projects Anticipated incremental development_ Building construction (state dimensions. square footage and materialsused) a. Existing buildings / ®/ egeWoe-, rr S, V-010 �'C b. Proposed buildings Hazardous materials to be used (inflammables, explosives or strong chemicals)* ALIVE Daily hours of operation s //►►Qyy�� Number of employees �.1 Number of oft -street parking spaces provided as --pl'VeI'`JO& WILL '"� 1� � "'r' ` odR8 v �� OL�� Existing/proposed sewage disposal method: I ikM tEX� `S7I.)2 L 1 629 Cr,61401) 22176 7X- A Proximity of power and phone lines:--112'nm(4 �'�7,,1 - Distance to natural water course or storm drain: 1IMWOW Anticipated on and otf-site drainage improvements: NOM - Water source: 61,61L, Proximity of water tar fire fighting purposes (hydrants, ponds. etc.) �,� Planning 9Qfa�rtment Will excavation or grading be necessary? Cubic yards (estimatel: / i JUN 0 5 1995 Orovi,i`, ., ovrnia Z J J fL List and describe an other y e ated permits and city. regional, State and Federal agencies: A is approvals required for this project. Including those ct+4uired b� IF RESIDENTIAL. include the number of units; whether units are single or multi -story in height. schedule of unit sizes, anc type of household size expected. IF COMMERCIAL, indicate the type, whether neighborhood. city or regionally oriented, square footage of sales area, anc loading facilities. IF INDUSTRIAL. indicate type, estimated employment per shift, and loading facilities. IFANSTITUT10NAL, indicate the major function, estimated employment per shift, estimated occupancy. loading facilities, and community benefits to be derived from the project. ENVIRONMENTAL IMPACTS AND MITIGATION MEASURES' Identify potentially significant environmental impacts associated with the' use permit. What project design features or speciai conditions of approval (mitigation measures) are proposed to alleviate potential environmental impacts? ENVIRONMENTAL SETTING - Describe the project site as it exists before the project, including information on topography. soil stability, plants and ani- mals, and any cultural, historical or scenic asoects.Oescribe any existing structures on the site. and the use of the structures. Describe the surrounding properties. including information an plants and animals and any cultural. historical or scenic aspects. Indicate the type of land use. (residential. commercial, etc.) intensity of land use (single-family. apartments. shops, deoar;- ment stores, etc.), and scale of development (height. frontage, setback. rear yard. etc.). .t Use separate sheet for longer responses. /s��yE�i /6��(!(Q� .f !�__0!I RFa�� &o"l l30>LOI�� , c i A �'�u i►� / � � H� �sr��G� j=11)/ �� /�D7,64541V& AOS-,?lZb :6�, . �Q SiE�dT �I�A� • Tiff .�3 6 )LO l� I hereby declare under penalty of perjury that I have read and understand the i structions'and that a foregoing statements are true, complete and correct to the best of my knowledge and belief. Date Property owner's �. Z O Use ,Permit.Number Request: `Use permit to allow Location and size of parcei(s) - - W VERIFY* V! A.P. Number(s) Project Description ' Ownership Zoning and Requirements Proof of Agency (it needed) Location Description I yQ'Copies of Plot Plan LLJ Li Date Received ` 5 �% S Receipt Number U_ _ O Applic3tian taken by a V � �^ l� 1;, 6) Commissioner Lambert thought the day care use should be clarified. Chairman Nelson thought that day care as a supplemental use for the theatre would be alright. ----- ---- - - Commissioner Lambert asked if there would be a day care during the week or only for those involved with the theatre? Mr. Lucas said it would be only for those involved with the theatre. t Commissioner Lynch asked if the theatre provides for insurance? Mr. Peters said they do have insurance. Commissioner Lynch asked if it would be acceptable to have a condition to provide insurance acceptable to County Counsel and name Butte County as also insured. BUTTE COUNTY PLANNING COMMISSION MINUTES — NOVEMBER 30, 1995 � c Owens Family Trust A - proposed Negative Declaration with mitigation measures regarding environmetnal impacts and Use Permit to allow theatrical plays with rehearsal classoroms, and limited day care facility on property zoned SR -1 (Suburban Residential - 1 acre parcels) and P -Q (Public - Quasi Public) located on the west side of Garner Lane, j approximately 1,500 feet north of Highway 99 at 13543 Garner Lane, identified as AP I r 007-420-060, Chico. (SL) (95-199) (VIDEO) Mr. Lucas described the layout of the proposal and the proposed access. E HEARING OPEN TO THE PUBLIC Michael Peters, the artistic director of Chico Children's Theatre, said that the proposed use of the building will be less intense than if it were to be used for parties or dances. There should be no more than 20-30 students in the classes at any one time. Attendance at shows should be no more than 100 people. There will probably be 25-30 cars in the parking area at most. Commissioner Lambert asked if there will be a day care facility? i Mr. Peters said there will not be a day are center as such, although there will be children in the { theatre classes. The building owners might be interested in a day care center if the building is not used by the Children's Theatre. Mr. Peters said the performances will'be weekend evenings and Sunday matinees. Commissioner Lynch asked if limited day care means 6 or under? ; Mr. Lucas said that is correct, although on a Use Permit a larger number could be allowed. He said that there will not be a day care as such, although younger children in a family might be f,4 entertained in a separate room during performances for the older children. Commissioner Lambert thought the day care use should be clarified. Chairman Nelson thought that day care as a supplemental use for the theatre would be alright. ----- ---- - - Commissioner Lambert asked if there would be a day care during the week or only for those involved with the theatre? Mr. Lucas said it would be only for those involved with the theatre. t Commissioner Lynch asked if the theatre provides for insurance? Mr. Peters said they do have insurance. Commissioner Lynch asked if it would be acceptable to have a condition to provide insurance acceptable to County Counsel and name Butte County as also insured. BUTTE COUNTY PLANNING COMMISSION MINUTES — NOVEMBER 30, 1995 _Z 0 Mr. Peters said that would be alright. • It was moved by Chairman Nelson, seconded by Commissioner Lambert, and carried unanimously for approval of the Use Permit for the Owens Family Trust on AP 007-420-060 subject to the findings and conditions in the Agenda Report of October 12 1995 with the addition of the I` insurance condition as stated previously. i Section 1: Environmental Findings. A. An Initial Study was completed in compliance with the California Environmental Quality Act identifying potentially significant environmental effects that the project may have. ' << Provisions and the design of the project and the conditions added to the project will mitigate such effects to a level of insignificance; and B. The Planning Commission has independently reviewed, analyzed, and considered the proposed Negative Declaration with mitigation measures prior to making its decision on the project, and the Negative Declaration reflects the independent judgement of Butte County; and Section 2: Zoning Ordinance Findings. A. The proposed use is a Non -conforming Use of the property which pursuant to Butte County Code Section 24-35 will not conflict with, impair or be detrimental to the uses both permitted and conditional in the SR -1 zone and the Agricultural Residential General I(j Plan designation in which it is located and/or adjoins; and B. The proposed use would not be unreasonably incompatible with, or injurious to, ' surrounding properties in that the project is conditioned to reduce associated impacts to k a level of insignificance that are similar to existing conditions in the area; and C. The proposed use of the property would not be detrimental to the health, safety, and general welfare of the persons residing or working in the neighborhood, or to the general health, welfare and safety of the residents of the County in that the proposed use will be conditioned to reduce associated impacts to a level of insignificance. Section 3: Action A. Subject to the findings indicated in Sections 1 and 2 of this Permit and the conditions below, a Negative Declaration with mitigation measures is hereby adopted and the Use Permit approved for Owens Family Trust on APN 0007-420-060 to allow theatrical plays J with rehearsal classrooms and a limited day care facility on property zoned SR -1 locatedlI°� on the west side of Garner Lane at 13543 Garner Lane in the Chico area. S BUTTE COUNTY PLANNING COMMISSION MINUTES — NOVEMBER 30, 1995 • 0 B. Minor changes may be approved administratively by the Director of Development Services or designee upon receipt of a substantiated written request by the applicant. Prior to such approval, verification shall be made by each Department or Division that the modification is consistent with the application, fees paid and environmental, determination ;j• as conditionally approved. Changes deemed to be major or significant in nature shall require a formal application for amendment. C. Mitigation Measures and conditions 1. No new development or alteration of the roe shall be permitted in connection with p property p 1'li. 1, i4 this Use Permit. All events, functions and meetings shall utilize existing facilities. Any alterations to the site designed for, or intended to be used for permitted activities, shall require a review by the Planning Commission. 2. The use of the property for the purpose of conducting performances of the children's theater and an associated limited day care facility for participants, will be restricted to eight (8) performancesper month and be held on Friday evenings, Saturday's and Sunday's only. All performances shall be concluded by 10:00 p.m. Restrictions do not apply to rehearsals, class time or other preparation functions not involving public attendance of functions. r3 j, Applicant shall receive approval from the Environmental Health Division for the use and ��----�� meet all regulations concerning the provision for adequate septic system installation and water availability prior to issuance of Use Permit. 4. Submit a final site plan to Planning Division showing a minimum of 30 parking spaces and indicating required landscaping pursuant to the Butte County Code Section 24-240; 4 — including, but not limited to parking lot landcaping.-p�- '#0L 5Prior to issuance of Use Permit the proposed use and structure shall be reviewed by the Building Division. A Special Inspection of the structure may be required. The applicant shall obtain written approval from the Building Division for the proposed use and submit j a copy to the Planning Division. 6. Provide a covenant for the installation of curb, gutter, and sidewalk to the RS -2A road standard on Garner Lane. i 7. Construct a half street section on Garner Lane to the RS -313 road standard with fog seal,_ 2 inch prime coat, 8 inch AB, 95% relative compaction of top 6 inches of subgrade. Widening may be allowed if existing road structural section meets County standards. BUTTE COUNTY PLANNING COMMISSION MINUTES — NOVEMBER 30, 1995 8. If the parking lot is paved or the lot is otherwise improved, the applicant shall provide a permanent solution for drainage and submit construction and drainage plans to Department of Public Works for approval and install the required facilities. 9. Construct a standard public road approach at the intersection of access and Garner Lane or share a common access with the church to the south. 11. Provide insurance acceptable to Butte County Counsel and name Butte County as also insured. 10. Applicant shall comply with all other applicable state and local ordinances, statutes and regulations. BUTTE COUNTY PLANNING COMMISSION MINUTES — NOVEMBER 30, 1995 Project: Owens UP, File #95-188 COUNTY OF BUTTE INITIAL STUDY EVALUATION OF ENVIRONMENTAL IMPACTS BACKGROUND A. Applicant and/or Project Name: Use Permit - Owens Family Trust B. Project No. (If applicable) and AP No.: A.P. 007-420-060, File # 95-188 C. Address of Applicant and Representative Cf applicable): 80 Owens Road, Chico, CA 95926 D. Project Description and Location: This project is a request for a Use Permit to allow an existing nonconforming use to be altered to allow theatrical plays with rehearsal classrooms and a limited day care facility for participants and attendees. The use will occur on a 1.5 acre parcel located at 13543 Gamer Lane in North Chico. The parcel in question was one of four recently approved 1+/- acre lots created by a tentative parcel map (approved on May 8, 1995) on a 4.6 acre parcel owned by the same party. The tentative map has yet to be finaled, however, this project will address the use as if the map has been recorded. The proposal will require the use of the building for drama classes and rehearsals 8 hours a day Moday thru Friday. Performances are anticipated to be held on Friday's, Saturday's and Sunday afternoons with 8 performances a month being held for an anticipated 60 person seating capacity. The applicant proposes to utilize the existing 5,400 sq. ft. building and a large, 36+ space gravel parking area. An occupied mobile home and a shed are also present on the site. The existing building was built in 1968 and historically used as an Odd Fellows assembly hall and for other community events. As an existing nonconforming use the buidling can continue to be utilized for the intended purpose, but requires additional approval to be altered for another use. The original 4.6 acre parcel was zoned both PQ and SR -1 with a General Plan designation of Agricultural Residential and Public. The smaller one acre lot containing the proposed use is within the SR -1 zone and the Agricultural Residential General Plan designation. The surrounding area is predominantly residential uses with some properties maintaining stables for horses. The exception to this characterization is the lot to the south where a church is being built. Access to the site will be from Garner Lane via a shared driveway at the southeast corner of the lot. Additional project description and area description can be found in the data sheet at the end of this document. II. EVALUATION OF ENVIRONMENTAL IMPACTS Earth. Will the proposal result in: a. Unstable earth conditions or changes in geologic substructures? Yes No X Maybe Response: The proposal will utilize an existing structure and parking facilities and will not require any excavation or other subsurface alteration of the earth. Therefore, the project will not create any unstable earth conditions or result in changes to geologic substructures. Mitigation: None required. b. Disruptions, displacements, compaction or overcovering of the soil? Yes No X Maybe _ Response: This proposal may result in some minor soil disruption, displacement, compaction and overcovering of the site as a result of development of additional gravel parking areas and the installation of landscaping. This overcovering will represent a minor percentage of the property and will not impact the character of the site or result in any significant soil impacts. Mitigation: None required. Substantial change in topography or ground surface relief features? Yes . No X Maybe ■ Butte County Development Services Department z Planning Division ■ • s Project: Owens UP, File #95-188 Response: The proposal will not significantly affect topography or ground relief features because the property is nearly level and the project will utilize existing facilities without any other topographical alterations to the site. Mitigation: None required. The destruction, covering or modification of any unique geologic or physical features? Yes No X Maybe Response: The project does not involve the alteration of the property in any significant physical or geologic manner because the proposed use will utilize existing facilities and no new facilities are proposed. Mitigation: None required. Any substantial increase in wind or water erosion of soils, either on or off-site? Yes No X Maybe _ Response: The proposal is not expected to cause any substantial erosion of the soils because the project will utilize existing facilities and no new development is proposed that would result in significant soil disruption. Mitigation: None required. Changes in deposition or erosion of beach sands, or changes in siltation,deposition or erosion which may modify the channel of a river or stream or the bed of any lake? Yes No X Maybe Response: The project is not located near any water source that may be impacted nor is does the proposal involve any site alterations that could lead to any significant impacts. Mitigation: None required. g. Loss of prime agriculturally productive soils outside designated urban areas? Yes No X Maybe Response: This project site does not contain prime agricultural soil and is located within the Chico Urban Area. Mitigation: None required. h. Exposure of people or property to geologic hazards such as earthquakes, landslides, mud -slides, ground failure, or similar hazards? Yes No X Maybe _ Response: The Butte County Seismic Safety Element does not indicate any faults in the area and the risk of ground rupture in the event of a seismic event is remote. However, all of Butte County is still classified as a Moderate Earthquake Intensity Zone VIII and potential ground shaking is possible. No new structures are proposed and all existing structures were required to conform to Uniform Building Code standards which provide adequate protection to occupants in case of seismic activity. Mitigation: None required. 2. Air. Will the proposal result in: Substantial air emissions or deterioration of ambient air quality? Yes No X Maybe Response: The proposal will not significantly affect air quality because the increase in the number of vehicle trips is not significant. The expected of number of vehicle trips generated from this use will be between 15 and 30 trips per performance and betwen 10 and 20 trips per day of classroom rehearsals. The applicant anticipates conducting performances at the children's theater a maximum of 8 times a month and holding classroom rehearsals 3 to 5 times a week. When these events are combined, the two items will generate approximately 80 to 160 trips per week or the equivalent of the traffic generated by four residential units in a week. The cumulative annual impact of the traffic generated by this use is incremental compared to the average daily traffic counts found on Garner Lane and its intersection with SR 99. Furthermore, the Butte County Air Pollution Control Plan does not address air quality impacts of small developments or limited uses of property for possible mitigation measures. ■ Butte County Development Services Department AF Planning Division ■ 2 • Mitigation: None required. b. The creation of objectionable odors? 11 Project: Owens UP, File #95-188 Yes No X Maybe Response: The proposal to hold childrens theater indoors will not create objectionable odors, smoke or fumes. Mitigation: None required. ' Alteration of air movement, moisture, temperature, or any change in climate, whether locally or regionally? Yes No X Maybe Response: Only large projects such as the construction of a large high-rise buildings, the creation of a large water body (such as a lake or thousands of acres of rice fields), massive defoliation, or introduction of large tracts of vegetation where there was previously none, would have the climactic effects discussed in this question. Since this project has none of these characteristics it will not result in any change in air movement, moisture, temperature, or climate. Mitigation: None required. 3. Water. Will the proposal result in: a. Substantial changes in currents, or the course or direction of water movements, in fresh waters? Yes _ No X Maybe Response: The project is not located near any water body and will not impact any water body. Mitigation: None required. b. Substantial changes in absorption rates, drainage patterns, or the rate and amount of surface runoff on-site or into any water body? Yes No X Maybe Response: The project will not involve the development any new structures or any substantial alteration of the site. The current gravel parking area is not proposed for paving and drainage patterns or absorption rates will not be significantly affected. Mitigation: None required. c. Need for off-site surface drainage improvements, including vegetation removal, channelization or culvert installation? Yes No X Maybe Response: No off-site surface drainage improvements are needed because the project will not involve the development any new structures or any substantial alteration of the site. If any alteration to the site should occur that would result in newly created run-off, the Department of Public Works will require all new run-off to be retained on-site. Mitigation: None required. d. Alternations to the course or flow of flood waters? Yes No X Maybe Response: The project site is not located near any water course nor will it generate any additional of -site drainage that may impact the flow of flood. The project will not involve the development any new structures or any substantial alteration of the site that would affect the flow of flood waters. The project will utilize existing graveled parking areas and any additional parking areas will be gravel. Mitigation: None required. e. Discharge into surface waters, or in any alteration or surface water quality, including, but not limited to, temperature, dissolved oxygen or turbidity? Yes No X Maybe ■ Butte County Development Services Department Ar Planning Division ■ 3 4. Project: Owens UP, File #95-188 Response: The project site is not located near any water body/course and no new development is proposed that would cause any earthen disturbance that would result in increased erosion that could impact area water quality. Storm water contamination may result from residential use of pesticides, herbicides, petroleum products, and other pollutants, however, the proposed use will not significantly increase the use of these materials. Mitigation: None required. Alteration of the direction of rate of flow of ground waters? Yes No X Maybe _ Response: The proposal will not affect the direction or flow of ground waters because the water needs of the proposed use will not be substantial and water is abundant in the valley aquifer providing water needs. Mitigation: None required. h. Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations? Yes No X Maybe Response: See response in 3h. Mitigation: None required. I. Substantial reduction in the amount of water otherwise available for public water supplies? Yes No X Maybe _ Response: A substantial reduction in public water supplies will not occur as a result of project approval. Mitigation: None required. Exposure of people or property to water related hazards such as flooding? Yes No X Maybe Response: The project site is not located in an area that is prone to flooding nor is it in a flood plain. The project will not involve the development any new structures or any substantial alteration of the site that would expose people to flooding hazards. Mitigation: None required. Plant Life. Will the proposal result in: a. Change in the diversity of species, or number of any native species of plants (including trees, shrubs, grass, crops and aquatic plants)? Yes No X Maybe Response: The property is presently developed with a 5400 sq. ft. building and the remainder of the lot is either a gravel parking area or covered with seasonal grasses and weeds. No significant plant habitat exists on-site that could be adversely affected by the proposed use of the property. Mitigation: None required. b. Reduction of the numbers of any unique, rare or endangered species of plants? Yes No X Maybe Response: See item 4a. Mitigation: None required. Introduction of new species of plants into an area of native vegetation, or in a barrier to the normal replenishment of existing species? Yes No X Maybe Response: Approval of this request may result in the introduction of exotic plant species into the area as landscaping. Because the landscaping is not expected to be extensive and the lot is without any significant vegetation the proposal should not be a significant barrier to any plant regeneration . ■ Butte County Development Services Department w Planning Division is 4 5. • Mitigation: None required. d. Substantial reduction in acreage of any agricultural crop? C� Project: Owens UP, File #95-188 Yes No X Maybe Response: The site does not contain any agricultural crops and is presently developed with a large assembly building, a mobile home and a gravel parking area. Mitigation: None required. Animal Life. Will the proposal result in: a. Change in the diversity of species or numbers of any species of animals (birds,' land animals, reptiles, fish, shellfish, benthic organisms or insects)? Yes _No X Maybe Response: The proposal will not result in a substantial change in animal habitat because the site is presently developed with a large assembly building, a mobile home and a gravel parking area and no animal habitat exists on-site. No new development is proposed and the applicant will utilize existing facilities. Mitigation: None required. b. Reduction of the numbers of any unique, rare or endangered species of animals? Yes _No X Maybe Response: See response in item 5a. Mitigation: None required. c. Introduction of new species of animals into an area, or in a barrier to the migration or movement of animals? Yes No X Maybe Response: This project will not introduce domestic pets or other new species into the area. Mitigation: None required. d. Deterioration to existing fish or wildlife habitat? Response: See response in item 5a. Mitigation: None required. Noise. Will the proposal result in: a. Substantial increases in existing noise levels? Yes _No X Maybe _ Yes No X Maybe Response: The proposed project is for the use of the property and existing facilities for indoor theatrical performances and limited day care. The use of the property and facilities for these use will not create substantial noise that could be noticeable beyond the property boundaries. The project has the potential to increase existing noise levels with noise generated by traffic, however, this would be for short periods of time and would not exceed acceptable residential noise levels of 60 dB. Mitigation: None required. b. Exposure of people to severe noise levels? Yes No X Maybe Response: See item 6a. Mitigation: None required. 7. Light and Glare. Will the proposal produce substantial new light or glare? Yes No X Maybe Response: The proposed use is not expected to create any substantial light or glare because the use will be held entirely indoors and no substantial outdoor lighting is proposed that may affect neighboring residential uses: ■ Butte County Development Services Department AF Planning Division ■ 5 • • Project: Owens UP, File #95-188 Should any outdoor lighting be proposed, a condition of the Use Permit will require all lighting to be contained within the property boundaries. Mitigation: None required. Land Use. Will the proposal result in a substantial alteration of the present or planned land use of the area? Yes No Maybe X Response: The project site is zoned SR -1 with a General Plan designation of Agricultural Residential. The Garner Hall building proposed for the project is a pre-existing structure that has been historically used for assembly purposes and other community events prior to the intensive residential development in the area. With the adoption of the SR -1 zone in 1981, the existing use of the building became a nonconforming use which could continue to operate without any changes in the use. This use permit is to allow the alteration of this pre-existing use so that the building can be used for drama classes and as a childrens theater. The alteration in the use will not be unreasonably incompatible with the surrounding suburban residential uses provided no new developement occurs on the property beyond existing levels of intensity and the use is limited in scope to weekday rehearsals and weekend performances. The use of the building for the intended purpose will not cause significant traffic, noise, light, or environmental impacts that could be a nuisance to the surrounding parcels. In locating the proposed use in a safe residential environment, close to potential participants and easily accessible to SR 99, the proposal allows for a positive use of an existing building for a community oriented activity. Mitigation: No new development or alteration of the property shall be permitted in connection with this Use Permit. All events, functions and meetings shall utilize existing facilities. Any alterations to the site designed for, or intended to be used for permitted activities, shall require a review by the Planning Commission. The use of the property for the purpose of conducting performances of the children's theater and an associated limited day care facility for participants, will be restricted to eight (8) performances per month to be held on Friday evenings, Saturday's and Sunday's only. All performances shall be concluded by 10:00 p.m. Restrictions do not apply to rehearsals, class time or other preparation functions not involving public attendance of functions. 9. Natural Resources. Will the proposal result in: a. Substantial increase in the rate of use of any natural resource? Yes No X Maybe Response: This project will not utilize or cause to be utilized any substantial amounts of any natural resource. Mitigation: None required. Substantial depletion of any non-renewable natural resource? Yes No X Maybe Response: See the discussion for item 9a. Mitigation: None required. 10. Risk of Upset. Will the proposal involve: a. A risk of an explosion or the release of hazardous substances (including, but not limited to, oil, pesticides,chemicals or radiation) in the event of an accident or upset conditions? Yes No X Maybe Response: The proposal will not involve significant use of hazardous materials, nor is it located close to any facilities which store or utilize such materials. Most property owners use some hazardous materials but the amounts are not considered significant. Continuing education of the public regarding the proper use and disposal of household chemicals also helps to eliminate local contamination. Mitigation: None required. 0 Butte County Development Services Department z Planning Division ■ • E Project: Owens UP, File #95-188 Possible interference with an emergency response plan or an emergency evacuation plan? Yes No X Maybe Response: There is not an adopted emergency response plan or evacuation plan that for this area and therefore the proposed project will not affect any such plan. As discussed in Section 2a, the proposal will not significantly impact Garner Lane, the primary evacuation route for this area. Mitigation: None required. 11. Population. Will the proposal alter the location, distribution, density, or growth rate of the human population of an area? Yes _No X Maybe Response: The proposal will not significantly affect the population of the area because the proposed project does not involve any permanent use that affect population densities. Mitigation: None required. 12. Housing. WII the proposal affect existing housing or create a demand for additional housing? Yes No X Maybe Response: This project will not result in the creation of new parcels for residential development or affect housing demands. Mitigation: None required. 13. Transportation/Circulation. WII the proposal result in: Generation of substantial additional vehicular movement? Yes No X Maybe Response: The proposal will not generate a substantial number of vehicle trips because the expected of number of vehicle trips generated from this use will be between 15 and 30 trips per performance and between 10 and 20 trips a day during classroom rehearsals. The applicant anticipates conducting performances at the children's theater a maximum of 8 times a month and holding classroom rehearsals 3 to 4 times a week. When these events are combined, the two items will generate approximately 80 to 160 trips per week or the equivalent of the traffic generated by four residential units in a week. The anticipated hours of use are during non -peak traffic hours. The cumulative annual impact of the traffic generated by this use is incremental compared to the average daily traffic counts found on Garner Lane where the Level of Service is above Level "C", the minimum County standard. The North Chico Specific Plan (NCSP) indicates that Gamer Lane and the Garner Lane/SR 99 intersection are capable of serving all new development in the area now and in the future. The California Department of Transportation has responded to this project by commenting that no significant impacts on SR 99 are expected to occur from this project, but it will contribute to the cumulative impact on the Gamer Lane/SR 99 intersection. This use represents only a small fraction of the possible traffic impacts that are anticipated from the planned residential development in the area which is planned for in the NCSP for an increase of of approximately 3000 new residential units. Any alteration to this expected use may require additional review of traffic related impacts. Mitigation: None required. b. Effects on existing parking facilities or demand for new parking? Yes No X Maybe Response: The proposal will not affect existing parking facilities because compliance with the parking standards contained within Butte County Code Section 24-35 will be enforced. The property has enough space to accommodate all parking requirements and 36 demarcated spaces are presently available with additional overflow parking available on-site. ■ Butte County Development Services Department a Planning Division ■ 7 • Mitigation: None required. • Project: Owens UP, File #95-188 c. Substantial impact upon existing transportation systems, including public transportation services? Yes _No X Maybe Response: See response in item 13a. Mitigation: None required. d. Significant alterations to present patterns of circulation or movement of people and/or goods? Yes No X Maybe Response: See response in item 13a. Mitigation: None required. e. Alterations to waterborne, rail or air traffic? Yes No X Maybe i Response: The project is not located near any railroads, harbors, or airports and will therefore have no effect on those facilities. Mitigation: None required. f. Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? Yes No X Maybe Response: The proposal may result in an incremental increase in traffic and related traffic hazards in the area. However, as discussed in item 13a, the number of vehicle trips is not anticipated to be significant as to cause any substantial traffic hazards to motor vehicles, bicyclists or pedestrians. t Mitigation: None required. 14. Public Services. Will the proposal have substantial effect upon or result in a need for new or altered governmental services in any of the following areas: a. Fire Protection? Yes No X Maybe Response: The project is located in an area with a low fire hazard designation. The proposal will result in an incremental increase in demand for fire protection in the area. The proposal does not include the development of any new structures or other permanent improvements to the land that may resuft in a fire hazard. The Butte County Fire Department has indicated that they have no additional comments or restrictions to place on this use. Mitigation: None required. b. Police protection? Yes No X Maybe Response: The proposed use is not expected to generate a significant impact to the ability of the Sheriff's Department to provide police services in the area. The number of participants at any single function is expected to be between 30 and 60 persons and it is not likely that the functions held at the facility will require a police response. Mitigation: None required. c. Schools? Yes No X Maybe Response: The proposal will not affect the demand for school services in the area. Mitigation: None required. d. Parks or other recreational facilities? Yes No X Maybe _ Response: The proposal will not result in an increase to demand for park and recreation facilities in the area. Mitigation: None required. ■ Butte County Development Services Department Ar Planning Division ■ Il • E Project: Owens UP, File #95-188 e. Maintenance of public facilities including roads? Yes No X Maybe Response: The proposal will result in an incremental increase in the need for maintenance of roads and other public facilities in the area. Mitigation: None required. f. Other governmental services? Yes No X Maybe Response: The proposal will result in an incremental increase in demand for all other governmental services in the area. Mitigation: None required. 15. Energy. Will the proposal result in: a. Use of substantial amounts of fuel or energy? Yes No X Maybe Response: The short term use of the property for the proposed functions will not require excessive or substantial demands on energy Mitigation: None required. b. Substantial increase in demand upon existing sources of energy or require the development of new sources of energy? Yes No * X Maybe Response: The project is located in and area that is already served by Pacific Gas and Electric, which forecasts energy consumption of their service area and provides for future facility planning. As noted in item 15a above, the proposed use will not use substantial quantities of energy. Mitigation: None required. 16. Utilities. Will the proposal result in a need for new systems or substantial alterations to the following utilities: a. Power or natural gas? Yes No X Maybe _ Response: . Pacific Gas and Electric already has distribution lines in the area and can serve the energy requirements of this project without substantial alteration to existing facilities. Mitigation: None required. b. Communication systems? Yes No X Maybe Response: Pacific Telesis already has distribution lines in the area and can serve the communication needs of this project without substantial alteration to existing facilities. The cost of extending new service lines may have to be borne by new residents. Mitigation: None required. c. Water? Yes No X Maybe Response: The parcel is served by an existing well. The Environmental Health Division (EHD) has not responded at this time as to the adequacy of the well for a public use facility. All uses of the existing building will be required, as a condition of project approval, to receive the approval of the EHD with respect to water quality and quantity. Mitigation: None required. ■ Butte County Development Services Department z Planning Division ■ 9 • d. Sewer or septic tanks? Project: Owens UP, File #95-188 Yes No X Maybe Response: The parcel is presently served by an existing septic system with two -1000 gallon septic tanks. 'The Environmental Health Division (EHD) has not responded at this time as to the adequacy of the septic system for the proposed use. All uses of the existing building will be required, as a condition of project approval, to receive the approval of the EHD with respect to septic system adequacy. Mitigation: None required. c. Storm water drainage? Yes No X Maybe �_ Response: The project will not generate a significant increase in storm water runoff as discussed in item 3b. The area is not served by any storm drainage system. Storm water runoff is directed according to the topography of the site to natural drainage channels. Mitigation: None required. d. Solid waste and disposal? Yes No X Maybe Response: Currently, the Butte County Landfill still has capacity to serve the additional waste that may be generated from this project. The project is not expected to generate any substantial refuse. Mitigation: None required. 17. Human Health. Will the proposal result in: a. Creation of any health hazard or potential health hazard (excluding mental health)? Yes No X Maybe Response: The proposal will not create any health hazard. Mitigation: None required. b. Exposure of people to potential health hazards? Yes No X Maybe Response: The proposal will not expose people to any health hazard. Mitigation: None required. 18. Aesthetics. Will the proposal result in the obstruction of any scenic vista or view open to the public or will the proposal result in the creation of an aesthetically offensive site open to public view? Yes No X Maybe Response: The proposal will not result in an aesthetically offensive view because the project will utilize existing lot improvements. Mitigation: None required. 19. Recreation. Will the proposal result in an impact upon the quality or quantity of existing recreational opportunities? Yes No X Maybe Response: The proposal will not result in an impact on the quality or quantity of existing recreational opportunities in the area. Mitigation: None required. 20. Cultural Resources. a. Will the proposal result in the alteration of or the destruction of a prehistoric or historic archaeological site? ; Yes No X Maybe ■ Butte County Development Services Department Ar Planning Division ■ 10 0 • Project: Owens UP, File #95-188 Response: The proposal will not affect archeological sites because no new construction or earth disturbance is proposed. Mitigation: None required. b. Will the proposal result in adverse physical or aesthetic effects to the prehistoric or historic building, structure or object? Yes No X Maybe Response: The proposal will not affect historic sites because no such sites exist in the area proposed for use. Mitigation: None required. c. Does the proposal have the potential to cause a physical change which would affect unique ethnic cultural values? Yes No X Maybe Response: The proposal will not affect cultural resources. Mitigation: None required. d. Will the proposal restrict existing religious or sacred uses within the potential impact area? Yes No X Maybe Response: The proposal will not affect religious resources. Mitigation: None required.® ■ Butte County Development Services Department ir Planning Division ■ 11 IV Project: Owens UP, File #95-188 MANDATORY FINDINGS OF SIGNIFICANCE. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal or eliminate important examples of the major periods of California history or prehistory? Yes No X Maybe Response: As discussed in Section II of this document and more specifically subsections 3,4, & 5, this project will not significantly degrade the quality of the environment. 2. Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? (A short-term impact on the environment is one which occurs in a relatively brief, definitive period of time while long- term impacts will endure well into the future.) Yes No X Maybe Response: The project, as discussed in Section II of this Initial Study, will not result in short-term benefits of the expense of impacting long-term environmental goals. 3. Does the project have impacts which are individually limited, but cumulatively considerable? (A project's impact on two or more separate resources may be relatively small, but where the effect of the total of those impacts on the environment is significant.) Yes No Maybe X Response: This proposal may have a significant cumulative impact on the surrounding land uses. As discussed in Section II, Subsection 8 of this document, this proposal may have an impact on the surrounding land uses and environment, but this project can be mitigated to a level of insignificance by the incorporation of stated mitigation measures as part of the project approval. 4. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Yes No X Maybe Response: As discussed in Section II of this Initial Study, this proposal will not have a significant adverse effect on human beings. DETERMINATION On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. X I find that although the proposed project COULD HAVE a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described herein have been added to the conditions of approval for the project. A NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. Date: October 9, 1995 Prepared by: Stephen Lucas, Associate Planner Reviewed by: &Ad S�� Craig Saroars, Senior Planner ■ Butte County Development Services Department a Planning Division ■ 12 • • 1 { Project: Owens UP, File #95-188 i V. MITIGATION MEASURES AND MONITORING REQUIREMENTS 1. No new development or alteration of the property shall be permitted in connection with this Use Permit. All events, functions and meetings shall utilize existing facilities. Any alterations to the site designed for, or intended to be used for permitted activities, shall require a review by the Planning Commission. 2. The use of the property for the purpose of conducting performances of the children's theater and an associated limited day care facility for participants, will be restricted to eight (8) performances per month to be held on Friday evenings, Saturday's and Sunday's only. All performances shall be concluded by 10:00 p.m. Restrictions do not apply to rehearsals, class time or other preparation functions not involving public attendance of functions. i ■ Butte County Development Services Department Ar Planning Division ■ 13 • � 4 I` Project: Owens UP, File #95-188 DATA SHEET A. Project Description 1. Type of Project: Use Permit 2. Proposed Density of Development: N/A 3. Amount of Impervious Surfacing: Existing 4. Access and Nearest Public Road(s): Garner Lane 5. Method of Sewage Disposal: Septic system. 6. Source of Water Supply: Private well. 7. Proximity, of Power Lines:. To property. 8. Potential for further land divisions and development: N/A B. Environmental Setting VA 3 4 5. 6. 7. 8. 9. 10 11 12 13 14 15. 16. 17. Terrain a General Topographic Character: Relatively level. b. Slopes: 0 to 2% c. Elevation: 120 feet above sea level. d. Limiting Factors: None Soils a. Types and Characteristics: N/A b. Limiting Factors: N/A Natural Hazards of the Land a. Earthquake Zone: Moderate Earthquake Intensity Zone VIII. b. Erosion Potential: Low c. Landslide Potential: Low d. Fire Hazard: Low e. Expansive Soil Potential: Low Hydrology a. Surface Water:None b. Ground Water: Abundant valley aquifers. c. Drainage Characteristics: Good d. Annual Rainfall (normal): 20 inches per year. e. Limiting Factors:None. Visual/Scenic Quality: Good. Acoustic Quality: Good. Air Quality: Good, except when stagnant air conditions persist in the valley. Vegetation: Improved pubic use site. Wildlife Habitat: Archaeological and Historical Resources in the area: High Sensitivity area. Butte County General Plan designation: Agricultural Residential Existing Zoning: SR -1 Existing Land Use on-site: Public use building Surrounding Area: Residential, Open space a. Land Uses: Residential b. Zoning:SR-1, PQ c. Gen. Plan Designation: Agricultural Residential, Public Quasi Public d. Parcel Sizes: 1 to 20 acres. Character of Site and Area: Suburban residential Nearest Urban Area: Chico Relevant Spheres of Influence:Chico ■ Butte County Development Services Department z Planning Division ■ 14 • Project: Owens UP, File #95-188 18. Improvement Standards Urban Area: Chico 19. Fire Protection Service: a. Nearest County (State) Fire Station: Station number 41 approximately 3 miles away. b. Water Availability: Fire tankers 20. Schools: Union School District(s). Chico Unified School District. ENVIRONMENTAL REFERENCE MATERIAL 1. Butte County Planning Department. Earthquake and Fault Activity Map 11-1, Seismic Safety Element. Oroville, CA: CH2M Hill, 1977. 2. Butte County Planning Department. Liquefaction Potential Map 11-2, Seismic Safety Element. Oroville, CA: CH2M Hill, 1977. 3. Butte County Planning Department. Subsidence and Landslide Potential Map 111-1, Safety Element. Oroville, CA CH2M Hill, 1977. 4. Butte County Planning Department. Erosion Potential Map 111-2, Safety Element. Oroville, CA: CH2M Hill, 1977. 5. Butte County Planning Department. Expansive Soils Map 111-3, Safety Element. Oroville, CA: CH2M Hill, 1977.' 6. Butte County Planning Department. Noise Element Map IV -1, Scenic Highway Element. Oroville, CA: CH2M Hill, 1977. 7. Butte County Planning Department. Scenic_ Highways Map V-1, Scenic Highway Element. Oroville, CA: CH2M Hill, 1977. 8. Butte County Planning Department. Natural Fire Hazard Classes Map 111-4, Safety Element. Oroville, CA: CH2M Hill, 1977. 9. Butte County Planning Department. Archaeological Sensitivity Map. Oroville, CA: James P. Manning, 1983. 10. Butte County Planning Department. School District Map. Oroville, CA. 11. Northwestern District Department of Water Resources. Chico Nitrate Study Map, Nitrate Concentration in Shallow Wells. The Resources Agency, State of California, 1983. 12. Butte County Board of Supervisors. Agricultural Preserves Map, established by Resolution No. 67-178. Oroville, CA: Butte County Planning Department, 1987. 13. National Flood Insurance Program. Flood Insurance Rate Maps. Federal Emergency Management Agency. 1989. 14. USGS Quad Maps. 15. Soil Map, Chico (1925)/Oroville (1926) Area. United States Department of Agriculture. 16. Soil Survey of Chico (1925)/Oroville (1926) Area. United States Department of Agriculture. 17. Butte County Planning Department. Butte County Fire Protection Jurisdictions and Facilities Map. Butte County Fire Department and California Department of Forestry, 1989. ■ Butte County Development Services Department Ar Planning Division ■ 15 November 30, 1995 Owens Family Trust A 80 Owens road Chico, CA 95926 Re: Use Permit, AP 007-420-060 Gentlemen: C .. U 7 COUNTY CENTER DRIVE.- OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (916) 538-7601 FAX: (916) 538-7785 At the regular meeting of the Butte County Planning Commission held November 30, 1995, your request for a Use Permit to allow children's theatrical plays with rehearsal classrooms on property zoned SR -1, located at 13543 Garner Lane, Chico, was approved subject to the conditions listed on the enclosures. Please sign both copies and return both copies to this Division within 40 calendar days. Should you desire to appeal any of the conditions imposed by the Planning Commission, you must do so in writing, to the Clerk of the Board of Supervisors, 25 County Center, Drive, Oroville, California, prior to 5:00 p.m., Monday, December 11, 1995. The appeal deposit of $250.00 must be paid at that time. If you do not appeal and if there are no other appeal within the 10 calendar -day appeal period, the action. of the Planning Commission is final. Please be aware that failure to return the signed copies within 40 calendar days will invalidate the Planning Commission's approval. Re-application to this Division would then be necessary. The Use Permit is deemed granted when the enclosures have been signed by the applicant, with the counter signature of the Chairman of the Planning Commission, and said permit is received by the applicant by registered mail. Should you have any questions regarding this matter, please contact this office between 8:00 a.m. and 4:00 p.m., Monday through Thursday. Very truly yo s, illiafn Farrel jDKrector of Development Services WF:lr k:\forms\approvup.frm NOTICE OF DETERMINATION WOW Mal. TO: _ Office of Plan.& Research Dept. La 1400 Tenth Street Sacramento, CA 95814 JAN 16 1996 X Butte County Clerk CANDACE J. GRUBBS, Butte Co. Clerk FROM: Butte County Planning By Deputy 7 County Center Dr., Oroville 95965 SUBJECT: Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code. Project Title: Use Permit: File #95-188 AP Number: 007-420-060 Applicant: Owen's Family Trust A State Clearinghouse Number (If submitted to clearinghouse): Contact Person: Steve Lucas Telephone Number: .538-7601 Project Location: Located on the west side of Garner Lane approbmately 1500 ft. north of Hwy. 99, at 13543 Garner Lane. Project Description: Use Permit, to allow theatrical plays with rehearsal classrooms, and limited day care facility. This is to advise that the Butte County Planning Commission has approved the above-described project on November 11, 1995 and has made the following determinations regarding the above-described project: 1. The project will, _X will not, have a significant effect on the environment. 2. An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA. _X A Negative Declaration was prepared for this project pursuant to the provisions of CEQA. 3. Mitigation measures X were, were not, made a condition of the approval of the project. 4. A statement of overriding considerations was, X was not, adopted for this project. This is to certify that the final EIR with comments and responses and record of project approval is available to the general public at: Date received for filing and posting at OPR Butte County Planning Department 7 County Center Drive Oroville, CA 95965 B rZ,KA&gan anning Manager Mitigation Measures: 1. No new development or alteration of the property shall be permitted in connection with this Use Permit. All events, functions and meetings shall utilize eAsting facilities. Any alterations to the site designed for, or intended to be used for permitted activities, shall require a review by the Planning Commission. 2. The use of the property for the purpose of conducting performances of the children's`theater and an associated limited day care facility for participants, will be restricted to eight (8) performances per month to be held on Friday evenings, Saturday's and Sunday's only. All performances shall be concluded by 10:00 p.m. Restrictions do not apply to rehearsals, class time or other preparation functions not involving public attendance of functions. APPENDIX G • 1. NOTICE IS HEREBY GIVEN that the project described below has been reviewed pursuant to the provisions of the California Environmental Quality Act of 1970 (Public Resources Code 21100, et. seq.) and a determination has been made that it will not have a significant effect upon the environment. Assessor's Parcel No.: 007-420-060 2. DESCRIPTION OF PROJECT: Use Permit, file ,if 95-188 3. LOCATION OF PROJECT: Located on the west side of Garner Lane -approximately 1500 ft. north of Hwy. 99, at 13543 Garner Lane, Chico. 4. NAME AND ADDRESS OF PROJECT APPLICANT: Owen's Family Trust A 0 80 Owens Road, Chico, CA 95926 5. MITIGATION MEASURES: See Attached. 6. A copy.of the initial study regarding the environmental effect of this project is on file at 7 County Center Drive, Oroville. This study was: X Adopted as presented. Adopted with changes. Specific modifications and supporting reasons are attached. 7. A public hearing on this Negative Declaration was held by the decision making body.. Hearing Body: Butte County Planning Commission Date of Determination: November 30 995 Determination: On the basis of the initial study of environmental impact, the information presented at hearings, comments received on the proposal and our own knowledge and independent research: We find the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION is hereby adopted. X We 'find that the project COULD have a significant effect on the environment, but will not in this case because of attached mitigation measures described in item 5 above, which are by this reference made conditions of project approval. A conditional NEGATIVE DECLARATION is hereby adopted. C uck Nelson, Chairman Butte Coyy►►nt Planning Commission Date • Cant Mitigation Measures: 1. No new development or alteration of the property shallbe permitted in connection with this Use Permit All events, functions and meetings shall utilize ebsting facilities. Any alterations to the site designed for, or intended to be used for permitted activities, shall require a review by the Planning Commission. 2. The use of the property for the purpose of conducting performances of the children's theater and an associated limited day care facility for participants, will be restricted to eight (8) performances per month to be held on Friday evenings, Saturday's and Sunday's only. All performances shall be concluded by 10:00 p.m. Restrictions do not apply to rehearsals, class time or other preparation functions not involving public attendance of functions. FROZE—C-1 YAM' S` H # AP # FILE 30 Day Review Period rads S H Review Period Ends OUTGOING ACTIVITY Daze Owens Family Trust A "USE PERMIT" AP# 007-420-060 95-188 ' Age=c-r/? a :-s on Planning Department J U N 0 5 1995 . Orovi»c:, Qali ornia T r TL:. j 30 Day Review pe :-_od Eads C 1T „c.. Rear=e� Period Eads CORRESPONDENCE-/ COMiEyr,z RE TVED Owpna F"imi 11T Trnet A "TT4F PE. TTtf AP# 007-420-060 - Planning Dpcartment J U N 0 5 1995 7g AgenCf; . ___onOroville,i:al'srornia 7. In approving a use permit, the Planning Commission may include such conditions as are deemed reasonable and necessary under the circumstances to preserve the integrity and character of the zone and to secure :he general purposes of _!ie Butte County'General Plan and Chapter 24, of the Butte County Code. Such conditions may include, but are not l'unieed to: time limitations, development plan approval; hours of operation, fencing, dedication of right-of-wav, and street and drainage improvements. Conditions imposed upon issuance of a use permit must be reasonably related to the use for which the permit is requested. 8. Application fees as of (date) are 3 Fees may be paid in cash or by check made payable to "Treasurer of Butte County". 9. Before submitting a use permit application, applicant is requested to discuss with staff all questions about application requirements, County procedures, zoning provisions and possible conditions of approval. Plartrtinu Department J U N 0 5 1995 I, CTIONS TO USE PERMIT APPII%TS �tJ 1. If applicant is not the owner, written authorization by the owner or other proof of agency must to legally sign the application. Application shall be be submitted in order for the applicant considered void if not signed by the owner or legal agent. - 2., All items on application shall be filled in as completely as possible. If an item is not appli- cable, please indicate by the term "NA". 3. It is important that the applicant supply an accurate description of the location of the proposed project, including the following: ' a.Assessor's parcel number(s) (from the tax bills or Assessor's maps). b. Street addresses (if available). Distances and directions to named streets, bodies of water or railroads. c. 4 3•5- Cc 1 Cs ld- T,MeA:F I of a detailed plot pian of adequate scale to clearly show proposed bui 8'.i 11 inches, shall accompany and be made part of the jugs and improvements, folded to x ",application for Use Permic". If t o use permit is approved. the plot _plan becomes the ap- proved development plan for the property.The plot plan shall include the following information: a. A scaled drawing of the parcel(s) boundaries. b. Location and dimensions of all existing and proposed improvements on the property, including buildings, driveways, parking areas, wells, septic tanks and leach fields. c. Location and name of bordering streets, access roads, nearby crossroads, streams, bodies of water and railroads. d. North arrow and scale of dral-ving. 5. The "Application for Use Permit" is subject to public hearings and approval by the Planning be' made a of the approved "Use Commission. Any special conditions of approval shall part Permit" and shall be binding on the applicant. The procedures for County action on use per- mit applications are stated in Chapter 24 of the Butte County Code. 6. The Planning Commission, on the basis of the evidence submitted at thepublic hearing,may grant use permits when it finds that the proposed uses of the property will not impair the integrity and character of the zone in which the land lies and that the use would not be un- reasonably incompatible with or injurious to surrounding properties nor detrimental to the of the residing or working in the neighborhood nor to the health and general welfare persons general health, safety and welfare of the county. 7. In approving a use permit, the Planning Commission may include such conditions as are deemed reasonable and necessary under the circumstances to preserve the integrity and character of the zone and to secure :he general purposes of _!ie Butte County'General Plan and Chapter 24, of the Butte County Code. Such conditions may include, but are not l'unieed to: time limitations, development plan approval; hours of operation, fencing, dedication of right-of-wav, and street and drainage improvements. Conditions imposed upon issuance of a use permit must be reasonably related to the use for which the permit is requested. 8. Application fees as of (date) are 3 Fees may be paid in cash or by check made payable to "Treasurer of Butte County". 9. Before submitting a use permit application, applicant is requested to discuss with staff all questions about application requirements, County procedures, zoning provisions and possible conditions of approval. Plartrtinu Department J U N 0 5 1995 Mailing List for AP#007-420-060 A -R A-20 �mm�� atio . .......... i", JUN 0 5 1995 007 420 060 000 STATUS: ACTIVE OWENS FAMILY TRUST A OWENS DOMINA TRUSTEE 80 OWENS RD CHICO CA 95928 L-. k33%37 420 061 0!-;10 STATUS: I NACT I V WELCHERT FAMILY TRUST WELCHERT WILLIArt B & MARIE E TR 2774 HYANN I S WAY SACRAMENTO CA 95827 L : kst47 42k3 sss%',9 000 STATUS: ACTIVE OLIVERI BIANCA A ETAL OLIVER! ALDO 4243 MICHELLE CT CHICO CA 95926 L. 007 420 010 kss? 0 STATUS: ACTIVE DILORENZO FRANCESCO & GAYLENE 4227 MICHELE i T . .. .. ... ... . ....... -...... - ... .. •- :..,, :.,::•-::::•:::..-:::•::::..:.:.::-:-:-:--= :-:•:•:-::�:-:.:::::::-:-.::.:::.....- CHICO CA 9925 •�7 %rSTATUS: ACTIVE 420%li � GREENBERG RONALD E Z: DONNA L 4211 MICHELLE CT CHICO CA 95926 L. s%32;37 420 9358 k33%3k3 STATUS. ACTIVE HARDESTY EDWARD & MELISSA 4282 MICHELLE CT CHICO CA 95926 :::; • , i%359 G%s%STATUS ACTIVE VEL• 07 42% DEBOCK DAVID E & LAURIE E 4261 MICHELLE CT CHICO CA 95926 Li 007 420 007 000 STATUS: ACTIVE SCHROEDER THYRA K: TRUST SCHROEDER THYRA K & NIELSEN RNLEY A 18 ADAIR CT DANVILLE CA 94526 L: 007 420 013 000 STATUS: ACTIVE HARRY WAYNE D 1: JUNE M 13515 GARNER LN CHICO CA 95926 L. 9107 420 13 14 1300 STATUS: ACTIVE CULLEN TIMOTHY CARR & ROBIN M 2405 HOLLY AVE CHICO CA 95926 L: 007 420 015 000 STATUS: ACTIVE UNITED PENTECOSTAL CHURCH OF CHIC0 PO BOX 3447. CHICO CA 95927 L: 007 550 059 000 STATUS: ACTIVE JOHNSON TIMOTHY M & KATHRYN ANN 4173 GOLDFINCH CT r CHICO CA 95926 L: 007 550 060 000 STATUS: ACTIVE BARTH JAMES M & KATHRYN T 4137 GOLDFINCH CT CHICO CA 95926 L: 007 550 063 ¢100 STATUS: : ACTIVE MURRAY MICHAEL S & SUZETTE L 13546 GARNER LN r CHICO CA 95926 L: 007 550 0364 000 STATUS: ACTIVE LOFGREN BRUCE A & MILDRED J 13532 GARNER LN CHICO CA 95926 L: 007 550 065 011:0 STATUS: ACTIVE PFEFFER PAUL J &. ALISON M 13520 GARNER LN CHICO CA 95926 L; 007 550 066 000 STATUS: ACTIVE NAVARRO DONALD R & KAREN D EMERSON 4194 NIGHHAWK: WAY CHICO CA 95926 L: 007 550 068 1300 STATUS: ACTIVE BETTERLEY TRUST BETTERLEY BARBARA J TRUSTEE 4174 NIGHTHAWK: WAY CHICO CA 95926 Li 047 300 032 000 STATUS: ACTIVE BLADORN HERT W & CHARLENE L 4269 KEITH LN i! s CHICO CA 95926 L. 047 300 033 000 STATUS: ACTIVE LOOMIS RANDOLPH W & MARIDA (CB DVA) F 0 BOX. 1313 i CHICO CA 95927 L: 047 300 034 000 STATUS; ACTIVE t SHORT WILLIAM J & SHERYL L i 4261 KEITH LN CHICO CA 95926 L; 047 300 035 000 STATUS: ACTIVE i PRESLIK JAMES E - : 4245 KEITH LN CHICO CA 95926 L; 047 300 044 000 STATUS: ACTIVE WHITE K.IRBY LEE & KAREN LOUISE JT 4237 KEITH LANE CHICO CA 95926 L: 047 300 045 1300 STATUS: ACTIVE WALKER DENNIS R & BARBARA J I • i 4223 KEITH LAME CHICO CA 95926 i L: 047 300 046 000 STATUS: ACTIVE DESHLER FRANK: F IV & LAURA I. 4215 KEITH LN CHICO CA 95926 L: 047 300 047 000 STATUS: ACTIVE ALAMEDA ELDON E & CAROL J 4231 KEITH LN CHICO CA 95926 L: 047 300 028 000 STATUS: ACTIVE HUTLER DAN A & MARY C i 13581 GARNER LN CHICO CA 95926 L: 047 300 030 000 STATUS: ACTIVE KEEN PHILLIP WESLEY 13573 GARNER LN CHICO CA 95926 L: 047 300 058 1%11%113 STATUS: ACTIVE LEVULETT NEIL C & CINDY 4275 KEITH LN CHICO CA 95926 i { . 30^7- H2a -� 0 tom f y all o �q -ba P-,IZ) SGi�62p�D�� i . .0W : O 1 Lj G U 1..LG,N '1 - ®IS U.P,C-!;-- -s---iot lot t� (TfZG�N t _ k ( OW 3- 5 0 0 -- ! 0 S--?- `ZLi Li �28 bY--a a tj P LEV Uf L '� C i /�"lPtlxll��C Ok G ✓iLCB1c(tlj. l�iE.' lo�W.d�cS �3 ruUs� 10.7.— V -OGo 6P A CSA 87 _ y 3 +- CN koi?r v's Homc 'TREATER. _- LIM ('rg—D _ - AAy-- ASSX ,dtq _NAt-L _ --:t $ NovRs�Da y Al 4,0.,�„�/ _ — __-4+ ._ 20 PARKW6 - SPA C/E$-- 01AOA1 —_--- - – _oZ�ID00 -- c l sew, . TA�.,tC j. - - -- - - - - •. _ /t'1o'� . _ �,rP,rl w fiVE _ ,l alL. S_ __ - 6H .41? .41?erivsrnVrry. vINA CCA y- -- - - ++ LOOK IPP4 011-bwcAf_ 3 All. lois ACccsr io rewCOL I Cal` C4� " k;.1-fi . 4p/Monday, August 21,1995/Chico Enterprise -Record - Children.. s Theatre Qc n r Chico . s Ch . r,celebrating 2nd:anniversary :gyChuckMelvin . enoughw 1 lyrics wo 1 Chico's. Children's Theatre will celebrate its second Associated Press Writer . ��at anniversary this summer with an evening of fine food and LEVELAND — It is the, who be Y'� soundtrack of the 20th subject I' 1 entertainment at the company's playhouse at 7 p.m. me Frida p Ccentury, music so tightly loved it"= I• Actin students, who' have appeared in some of CCT's the with society they've d Acting entwined Y Y and present. productions, will. showcase their talents dun that the story of our times could along wi i event.: - not be told without it. with it,", The entertainment will include scenes from Ct:'T's 1994-95 Rock 'n' roll has endured long try to g productions of . "Snow White- and the . Seven Dwarfs,". `Frankenstein,'' "Sherlock Holmes," and "Aesop's Fables." enough to deserve a museum all its understan' dramatic scenes i came fro, Students will also perform in comedy skits, o And now. it has one. important, and a special magical presentation. C p "It's art;" said Jann Wenner, someone CCT founder and executive director Michael Peters said the.. publisher of Rolling Stone Maga -they triay evening will also feature hors d'oeuvres and desserts from many zine and vice chairman of the Techno i popular Chico restaurants. enjoy. Rock and Roll Hall of Fame. easier: ti "The event will be a celebration the entire familywill o i„And like all art, it evolves, and you Even if you haven't seen one of our productions, this will bean the older art gets put in a museum, Dylan sa entertaining sample of talent our local children.have. Ow' hich.is great and natural.” - Guthrie i During its first two 'years; Chico's Children's Theatre has. But when the Rock and Roll produced 23 full-scale theatrical roductions includin "Cinder- push his. P " "The Odd Couple,, the Hall of Fame- and Museum_ opens:, singing,: ella," ' `The Elves' and the Shoemaker, .,Annie 'Award-winning `-`-Twelfth Night," and most. recently 'on Labor Day weekend, visitors really -Al 'won't mistake it for any :art. Peter Are "Treasure Island. y Imuseum they've seen before. tion direc More than 250 youngsters from all over Butte Count have Outside; the building designed are prep .participated in the company's ongoing acting classes and by I.M. Pei looks as rebellious as The c auditioned plays. I . - g the music it celebrates, with bold. dedicated Tickets for the anniversary celebration are $10 eneral and $7 geometric shapes flanking a glass, floating for children ti and under. - and productionsbenefit . ng is lUm ted . pyramid -shaped central structure. early - 19 Theatre's continuing classes and p Portions of the $92 million•build- chairman for this one performance and reservations must be made ing are anchored in the waters of 'by Wednesday. creation o For reservation information, call 343-4231 or pick up a card iLake Erie. of Fame -TheThe=Vagabond-Rose-in_downtown-Chico. Inside, the collection of rock getting th j artifacts will be brought to life by that wan interactive exhibits featuring induction ' Auditions planned Sunday films, video, audio and computer view tele i displays. Museum officials hope to ..dye S make it much more than just a wouldn't for r Chico Community Ballet place to see John Lennon's Rick- starters," enbacker guitar or Jimi Hendrix's of event of Chico Both auditions will consist of handwritten lyrics to "Purple inductio The 15th Anniversary introductory Haze" — although plenty of those liked an Community Ballet will begin with registration, a short balP Y_ - - ' . not coin auditions for admittance into on meeting, afee for classical Inglis item s o g them,dis la-.: The f divisions of the ,company y y g record c Sunday at Wall Street Dance $5, to be paid por a gearlyl� o diploma.- Holl 's' hi ti. school other mu Academy, 198 E. 11th St. Dancers should. Grace Slick's -dress from began ch Young dancers ages 8-12 with register. tees in 1 basic ballet training from ltl 2 an Y anw will receive a into freescholar- the W - Wilson - Pickett's guitar and some of. for the Pre -Company P . _ L�., —A i,P cact into iumosuit. 1950s to COUNTY OF BUTTE OFFICE OF PLANNING DEPARTMENT 7 COUNTY CENTER DRIVE OROVILLE, CALIFORNIA 95965-3397 PUBLIC HEARING- NOTI C-E OV1 Wa oQ` �<F U.S.POSIA t OCT 16195 I=,� -0.274 d= CA v.e.aerca L- 007 420 17315 0130 STATUS: ACTIVE UNITED PENTECOSTAL CHURCH OF CHICO PO BOX 3447 i CHICO CA 95927 - UNIT447 959272027 1594 10/18/95 FORWARDING TIME EXPIRED :UNITED PENTECOSTAL CHURCH 13495 GARNER LN CHICO CA'95926-9202 --RETURN TO "SENDER r COUNTY OF BUTTE ��— � , 4 OFFICE OF PLANNING DEPARTMENT 7 COUNTY CENTER DRIVE U.S.PGSTAGf OCT 16'95 OROVILLE, CALIFORNIA 95965-3397 ® .2 7 4 A P.S.METLP li A. 6801451 1, FTV %m �' ._ - t� yam^ - \ L a 007 420 014 Sc � a��¢ CT I VE PUBLICCLILLEN TIMOTHY CARRcBIN 2405 HOLLY AVE_ HEARING CHICO CA 95926 NOTICE ^��_.- %�_ �. _� iftft:tf:itiEfttt:itltlf:Eft:�i:�i�ItfEfltifttfl�EtttiltiiEtti (LEAD IN SHEET) L UIJ iT64 �> �� 3C ►WGA)S �'�►rrt aaa��L C,Lry --PAC,) s. s: L-1 I I • -TN Z=Z--=G ��N-+ G �S��R_ • A 1JC-:TAT'2i CA _I b 1-72-0-R1 `kJ A,P7\-#, v73cu3 =rc; :iiia IIS s=72 CSA ars=es: AG -- TSS i _ Plata -..�. cias a a-sa� � : Z�I - �I ; 2�i - G> -2H -13 " r ZL - 2 i S JUN 05 1995 Oroyri;,,-uo..;ornia 0 BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION COMMENT SHEET TO: DATE: June 21, 1995 AP NO.: 007-420-060 RETURN BY: July 21, 1995 PROJECT DESCRIPTION: Use Permit APPLICANT: Owens Family Trust A ENGINEER: CONDITIONS AND/OR COMMENTS: LD 1170 (6/92) BY: r DISTRIBUTION LIST FOR COMMENTS DO -1 — X20 — O & C5/ �f County Public Works// / County Environmental Health" County Building Division City of Biggs City of Chico City of Gridley City of Oroville Town of Paradise G WIC -0 Planning Departmegt State Transportation Department,/ DOMESTIC WATER Butte Water District California Water Service Co. Del Oro Water Co. OWID Thermalito Irrigation District Other UTILITIES / --ce PG&E North (Chico)✓, PG&E South (Oroville) Pacific Bell Chambers Cable Viacom TV Cable FIRE PROTECTION E1 Medio Fire Protection Dist. County Fire Department/CDF MOSQUITO ABATEMENT DISTRICT Durham, Oroville or Butte County POLICE PROTECTION State Highway P rol �< County Sherif v SCHOOL DISTRICT �C C— x-11 C- C) RECREATION FACILITIES / Chico Area Recreation District J Durham Area Rec. & Park District Feather River Rec. & Park District Paradise Rec. & Park District Richvale Rec. & Park District State Parks & Rec. Department RESOURCE MANAGEMENT State Water Resources Department U.S. Forest Service U.S. Bureau of'Land Management( Butte County Mining Committee State Department of Fish & Gamo California Native plant Society State Div. Forestry - attention: Craig Carter Regional Water Quality Control Board SEWERS Richvale Sanitary District L.O.A.P.U.D. , Skansen Subdivision (CSA #21) Stirling City Sewer Main. Dist. Thermalito Irrigation District Butte Water District IRRIGATION WATER Biggs -W. Gridley Water District Butte Water District Durham Irrigation District OWID Paradise Irrigation District Richvale Irrigation District Table Mountain Irrigation District Thermalito Irrigation District DRAINAGE DISTRICT RECLAMATION DISTRICT OTHER COMMITTEES/COMMISSIONS Paradise Pines Architectural Control Committee Butte County Farm Bureau Community Association: Lime Saddle Community Service District Butte County Air Pollution Control District Butte Environmental Council 6Lmmlb Planning Department J U N 21 1995 Oroville, California Planning Department JUN 0 6 1995 Oroville, ealifornia /// d u') cc EC"' r- s In 4e O � a � A-10 2184 - - - - - - - - - - SR -1 2184 2983 A 153 31 3 s i� I 17T7 v L L A-20 6 15 7 IT 4 SR -.1 PA -C 09/04/1995 10:50 916-342-6372 August 29, 1995 bACHMAN :x ASSOCIATES Paof ges T* JrayE Post -if Fax Note 7671 Date Paof ges T* JrayE From Co./Dept. Co. Phone Phone b Fax M/� ::24 4c;- Fex 65,/ COUNTY OF BUTTE Planning Department 7 County Center Drive Oroville, CA 95965 0.9 e RE: USE PERMIT APN 07-420-060 ATTN: Mr. Steve Lucas Dear Steve: This letter is in response to your letter dated July 5, 1995 addressed to Mr. Noel Owens. PAGE 01 1. Two site plans are enclosed. /2. The proposal is for a Children's Theater and the limited day care is in conjunction with the theater. The assembly hall is considered a grandfather issue. The heli would mainly be used on week occasional performance during the week. (3) The theater will have eight (8) performances per month. WHEti /4. The proposed seating will be for approximately sixty (60) people. The . plan does not have simultaneous operations. '5. The parking lot is not planned to be paved. The septic system will be worked out with the Butte County Health Department. -7. No well requirements have been proposed. -8. No outdoor functions are planned. -9. The hall was built in 1965 and was used as a meeting hall for various organizations over the past several years, 1. e. weddings, receptions, graduations, dances, and organizational activities. If there are any further questions I can answer at this time; please do not . hesitate to let me know. Very truly yours, C. W. BACHMAN 09104/1995 10:50 916-342-8372 `OACHMAN &"ASSOCI4TES Post -it' Fax We 7671 Date To �r�YE 4-,-JC-A-5 From e Co./Dept. Co. Phone x Phone a August 29, 1995Fax N,r- y F..4- COUNTY OF 13UTTE Planning Department 7 County Center Drive Oroville, CA 95965 RE: USE PERMIT APN 07,420-060 ATTN: Mr. Steve Lucas Dear Steve: ti.. a-,K5?Z This letter is in response to your letter dated July 5, 1995 addressed to Mr. Noel Owens. PAGE 01 1. Two site plans are enclosed. /2. The proposal is for a Children's Theater and the limited day care is In conjunction with the theater. The assembly hall is considered a grandfather issue. The hall would mainly be used on weekt occasional performance during the week. SSum U The theater will have eight (8) performances per month. WlfEN ? AW, 4. The proposed seating will be for approximately sixty (60) people. The plan does not have simultaneous operations. '5. The parking lot is not planned to be paved. �-� The septic system will be worked out with the Butte County Health Department. -7. No well requirements have been proposed. -8. No outdoor functions are planned. -9. The hall was built in 1965 and was used as a meeting hall for various organizations over the past several years, i. e. weddings, receptions, graduations, dances, and organizational activities. If there are any further questions I can answer at this time, please do not hesitate to let me know. Very truly yours, C. W. 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Suite Count LA1ND j \1:` Tl iJ:" A, i 4\' -., ;iJD BEAUTY PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (916) 538-7601 FAX: (916) 538-7785 October 17, 1995 Owens Family Trust 80 Owens Road Chico, CA 95926 Re: Use Permit, AP 007-420-060, File #95-188 Gentlemen: Enclosed is a. copy of the Agenda Report concerning your application for a Use Permit to allow children's theatrical plays and a limited day care facility on property zoned SR -1 located at 13543 Garner Lane, Chico. Should you have any concerns with the report or conditions of approval, please contact us in advance of the meeting so that we may resolve these concerns. A public hearing has been set for November 30, 1995 at 9:00 a.m. This meeting will be held in the Board of Supervisors' Room, 25 County Center Drive, Oroville, California. The Commission recommends that the applicant or their authorized representative be present at the hearing to respond to any questions the Commission may have. Should you have any questions regarding this matter, please contact Stephen Lucas of this office at 538-7601, between 8:00 a.m. and 4:00 p.m., Monday through Thursday. Very truly yours, Barry K. Hogan Planning Manager Stephen Lucas Associate Planner SL:lr Enc. k:\letters\pd102 BUTTE COUNTY PLANNING COMMISSION NOTICE OF PUBLIC HEARING Notice is hereby given by the Butte County Planning Commission that a public hearing will be held on Thursday, November 30, 1995, in the Butte County Board of Supervisors' Room, County Administration Center, 25 County Center Drive, Oroville, California, regarding the following items: ITEM ON WHICH A NEGATIVE DECLARATION WITH MITIGATION MEASURES REGARDING ENVIRONMENTAL IMPACTS HAS BEEN RECOMMENDED 9:00 a.m. - Owens Family Trust A - Use Permit to allow theatrical plays with rehearsal classrooms, and limited day care facility on property zoned SR -1 (Suburban Residential - 1 acre parcels) and P -Q (Public - Quasi Public) located on the west side of garner Lane, approximately 1,500 feet north of Highway 99 at 13543 Garner Lane, identified as AP 007-420-060, Chico. (SL) (95-188) The above mentioned application, Negative Declaration, and map are on file and available for public viewing at the office of the Butte County Planning Department, 7 County Center Drive, Oroville, California. If you challenge the above applications in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the Planning Commission, at or prior to, the public hearing. BUTTE COUNTY PLANNING COMMISSION BARRY K. HOGAN, PLANNING MANAGER To be published in the Chico Enterprise Record on Thursday, October 19, 1995. y u eCountq - • i - I _01 LAV 'I i'_�. H ASVD BEAUi / October 9, 1995 Owen's Family Trust 80 Owens Road Chico, CA 95926 Re: Use Permit: File # 95-188 Owen's Family Trust, PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (916) 538-7601 FAX: (916) 538.7785 The Butte County Planning Division has completed the initial study . of potential environmental consequences .anticipated in connection with the above-mentioned project, a copy of which is being forwarded to you. Please review the enclosed checklist, noting particularly any environmental problems which could be minimized or avoided by the care and manner in which the project is carried out. Also, please review any recommended mitigation measures or conditions of approval. Afterreviewing the checklist, you may see ways to improve the project design. Design improvements to minimize problems are encouraged. Ifyou note any errors or omissions in our evaluation, please bring them to our attention. If we do not hear from you with -in 14 days, we will assume that you concur with our evaluation. You will be notified of the time and place of the public hearing for your project. Ifyou have any questions regarding environmental review, please contact, Steve Lucas at this office at 538-7601, between the hours of 8:00 a.m. and 4:00 p.m., Monday through Thursday. Very truly yours, /jam Barry Hogan Planning Manager Steve Lucas Planner SL/lt Enclosure: InitialStudy cc: TO: _ NOTICE OF DETERMINATION Office of Plan.& Research Dept. 1400 Tenth Street Sacramento, CA 95814 f: 4 J A N 161990 CANDACE J. GRUBBS, Butte Co. Clerk X Butte County Clerk BY.1, Mn -APO W2 Deputy FROM: Butte County Planning 7 County Center Dr., Oroville 95965 SUBJECT: Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code. Project Title: Use Permit: File #95-188 AP Number: 007-420-060 Applicant: Owen's Family Trust A State Clearinghouse Number (If submitted to clearinghouse): Contact Person: Steve Lucas Telephone Number: 538-7601 Project Location: Located on the west side of Garner Lane approbmately 1500 ft. north of Hwy. 99, at 13543 Garner Lane. Project Description: Use Permit, to allow theatrical plays with rehearsal classrooms, and limited day care facility. This is to advise that the Butte County Planning Commission has approved the above-described project on November 11, 1995 and has made the following determinations regarding the above-described project: 1. The project will, X will not, have a significant effect on the environment. 2. An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA. _X A Negative Declaration was prepared for this project pursuant to the provisions of CEQA. 3. Mitigation measures X were, were not, made a condition of the approval of.the project. 4. A statement of overriding considerations was, X_ was not, adopted for this project. This is to certify that the final EIR with comments and responses and record of project approval is available to the general public at: Date received for filing and posting at OPR Butte County Planning Department 7 County Center Drive Oroville, CA 95965 rry gan anning Manager Mitigation Measures: 1. No new development or alteration of the property shall be permitted in connection with this Use Permit. All events, functions and meetings shall utilize eiasting facilities. Any alterations to the site designed for, or intended to-be used for permitted activities, shall require a review by the Planning Commission. 2. The use of the property for the purpose of conducting performances of the children's theater and an associated limited day care facility for participants, will be restricted to eight (8) performances per month to be held on Friday evenings, Saturday's and Sunday's only. All performances shall be concluded by 10:00 p.m. Restrictions do not apply to rehearsals, class time or other preparation functions not involving public attendance of functions. APPENDIX G 1. NOTICE IS HEREBY GIVEN that the project described below has been reviewed pursuant to the provisions of the'California Environmental Quality Act of 1970 (Public Resources Code 21100, et. seq.) and a determination has been made that it will not have a significant effect upon the environment: Assessor's Parcel No.: 007-420-060 2. DESCRIPTION OF PROJECT: Use Permit, file # 95-188 3. LOCATION OF PROJECT: Located on the west side of Garner Lane approximately.1500 ft. north of Hwy. 99, at 13543 Garner Lane, Chico. 4. NAME AND ADDRESS OF PROJECT APPLICANT: Owen's Family Trust A 80 Owens Road, Chico, CA 95926 5. MITIGATION MEASURES: See Attached. 6. A copy of the initial study regarding the environmental effect of this project is on file at 7 County Center Drive, Oroville. This study was: X Adopted as presented. Adopted with changes. Specific modifications and supporting reasons are attached. 7. A public hearing on this Negative Declaration was held by the decision making body. Hearing Body: Butte County Planning Commission Date of Determination: November 30 1995 Determination: On the basis of the initial study of environmental impact, the information presented at hearings, comments received on the proposal and our own knowledge and independent research: We find the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION is hereby adopted. X We find that the project COULD have a significant effect on the environment, but will not in this case because of attached mitigation measures described in item 5 above, which are by this reference made conditions of project approval. A conditional NEGATIVE DECLARATION is hereby adopted. Cu ck Nelson, Chairman Butte Comyy Planning Commission Date:- Mitigation Measures: 1. No new development or alteration of the property shall be permitted in connection with this Use Permit. All events, functions and meetings shall utilize ebsting facilities. Any alterations to the site designed for, or intended to be used for permitted activities, shall require a review by the Planning Commission. 2. The use of the property for the purpose of conducting performances of the children's theater and an associated limited day care facility for participants, will be restricted to eight (8) performances per month to be held on Friday evenings, Saturday's and Sunday's only. All performances shall be concluded by 1.0:00 p.m. Restrictions do not apply to rehearsals, class time or other preparation functions not involving public attendance of functions. utte caun& LANjD 01= i\IATURAL WEALTI-1 A1\ID BEAUTY --E DEPARTMENT OF PUBLIC HEATH DIVISION OF ENVIRONMENTAL HEALTH ❑18-B County Center Drive 1469 Humboldt Road, Suite 100a 7 County Center Drive Oroville, CA 95965 Chico, CA 95928 Oroville, CA 95965 TEL: (916) 538.7282 TEL: (916) 891-2727 TEL: (916) 538-7281 FAX: (916) 538-2165 FAX: (916) 895-6512 FAX (916) 538-2140 May 1, 19.96 Noel Owens 80 Owens Rd. P1.1nning 1-19irtment Chico, CA 95926 RE: Use Permit Application for Owens, Garner Ln., MAY 07 1996 APN 007-420-060 Orovillt;, mdz,�t��rtia Dear Mr. Owens: This letter will confirm our receipt of the following information from that requested in our letter of June 29, 1995: 1. Floor plan for the hall 2. Some information regarding performances and seating in the theater 3. A revised plot plan for the parcel We also conducted a site inspection of the parcel on April 24, 1996. However, the theater was closed, so we could not inspect the inside. Based upon the information we have been provided, a reasonable conservative calculation of the proportional usable sewage disposal area required for this parcel is 3.4 acres. The entire gross area of the parcel proposed (1.6 ac.) would not be adequate. Until we receive firm evidence of real usage figures on the parcel we must rely upon this assessment with its assumptions. Therefore, we can not now recommend granting the use permit for this parcel. Further we can state that the present well is not adequate as public water source supply. It has been constructed without any proper sanitary barriers. It is closely surrounded by septic systems and is in fact, well within the minimum required setback distances to one of the theatersown septic tanks and leachlines. A CLEAN INDOOR AIR ENVIRONMENT FOR A HEALTHIER TOMORROW \11 Post-,, "routing req.... pad 76154 ROUTING - REQUEST Please ❑ READ T ❑ HANDLE ❑ APPROVE and FORWARD ❑ RETURN vllnnning- ❑ KEEP OR DISCARD ❑ REVIEW WITH MLM 1996 Date Oro!;.,- A, ,,,2ead9't(I�EI From' 0 Page 2, Owens/Use Permit Application Therefore any revised plan for this parcel's eventual split must include a relocation of the proposed well to be acceptable to this office. Further, since this is an operating public water system you should immediately contact Craig Erickson at 18-B County Center Drive, Oroville, 95965, and begin the process to have the theaters water system approved. We will need to have notice that this system can be approved before we will be able to recommend your use permit approval. If you have any questions regarding this letter, please contact the Chico office listed above between 8 and 9am, Monday through Thursday. Y urs truly, Doug Fog , R.E.H.S. Division of Environmental Health DF/dd/land/owens cc Cal Bachman Butte County Planning Department Craig Erickson P"3nvaiPi MAY 07 1996 Oroviii., a ueeiejpnla "r NOTICE OF DETERMINATION TO: _ Office of Plan.& Research Dept. 1400 Tenth street FJAN 16 1996 Sacramento, CA 95814 X Butte County Clerk CANDACE J. GRQBBS, Bytte Co. Clerk By R.L. DI(J'KSON peputy FROM: Butte County Planning 7 County Center Dr., Oroville 95965 SUBJECT: Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code. Project Title: Use Permit: File #95-188 AP Number: 007-420-060 Applicant: Owen's Family Trust A State Clearinghouse Number (If submitted to clearinghouse): Contact Person: Steve Lucas Telephone Number: 538-7601 Project Location: Located on the west side of Garner Lane approbmately 1500 ft. north of Hwy. 99, at 13543 Garner Lane. Project Description: Use Permit, to allow theatrical plays with rehearsal classrooms, and limited day care facility. This is to advise that the Butte County Planning Commission has approved the above-described project on November 11, 1995 and has made the following determinations regarding the above-described project: 1. The project will, _X will not, have a significant effect on the environment. 2. An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA. X A Negative Declaration was prepared for this project pursuant to the provisions of CEQA. 3. Mitigation measures _X were, were not, made a condition of the approval of the project. 4. A statement of overriding considerations was, _X was not, adopted for this project. This is to certify that the final EIR with comments and responses and record of project approval is available to the general public at: Date received for filing and posting at OPR Butte County Planning Department 7 County Center Drive Oroville, CA 95965 Mfigation Measures: 1. No new development or alteration of the property shall be permitted in connection with this Use Permit. All events,._ functions and meetings shall utilize ebsting facilities. Any alterations to the site designed for, or intended to be used for permitted activities, shall require a review by the Planning Commission. 2. The use of the property for the purpose of conducting performances of the children's theater and an associated limited day care facility for participants, will be restricted to eight (8) performances per month to be held on Friday evenings, Saturday's and Sunday's only. All performances shall be concluded by 10:00 p.m. Restrictions do not apply to rehearsals, class time or other preparation functions not involving public attendance of functions. i APPENDIX G 1. NOTICE IS HEREBY GIVEN that the project described below has been reviewed -pursuant to the provisions of the California Environmental Quality Act of 1970 (Public Resources Code 21100, et. seq.) and a determination has been made that it will not have a significant effect upon the environment. Assessor's Parcel No.: 007-420-060 2. DESCRIPTION OF PROJECT: Use Permit, file # 95-188 3. LOCATION OF PROJECT: Located on the west side of Garner Lane approximately 1500 ft. north of Hwy. 99, at 13543 Garner Lane, Chico. 4. NAME AND ADDRESS OF PROJECT APPLICANT: Owen's Family Trust A 0 80 Owens Road, Chico, CA 95926 S. MITIGATION MEASURES: See Attached. 6. A copy of the initial study regarding the environmental effect of this project is on file at 7 County Center Drive, Oroville. This study was: X Adopted as presented. Adopted with changes. Specific modifications and supporting reasons are attached. 7. A public hearing on this Negative Declaration was held by the decision making body. Hearing Body: Butte County Planning Commission Date of Determination: November 30 995 Determination: On the basis of the initial study of environmental impact, the information presented at hearings, comments received on the proposal and our own knowledge and independent research: We find the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION is hereby adopted. __ We find that the project COULD have, a significant effect on the environment, but will not in this case because of attached mitigation measures described in item 5 above, which are by this reference made conditions of project approval. A conditional NEGATIVE DECLARATION is hereby adopted. C uck Nelson, Chairman Butte Coy�ntYy Planning Commission Date:- 1 ►I��p Mitigation Measures: 1. No new development or alteration of the property shall be permitted in connection with this Use Permit All events, functions and meetings shall utilize e)asting facilities. Any alterations to the site designed for, or intended to be used for permitted activities, shall require a review by the Planning Commission. 2. The use of the property for the purpose of conducting performances of the children's theater and an associated limited day care facility for participants, will be restricted to eight (8) performances per month to be held on Friday evenings, Saturday's and Sunday's only. All performances shall be concluded by 10:00 p.m. Restrictions do not apply to rehearsals, class time or other preparation functions not involving public attendance of functions. USE PERMIT BUTTE COUNTY PLANNING COMMISSION DATE: (Certified Mail Rec.) 95-188 PERMIT NO. AP 007-420-060 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Owens Family Test is hereby granted a Use Permit in accordance with application filed: 6/5/95, to allow children's theatrical plays with rehearsal classroom"! and a limited day care facility on property zoned SR -1 located at 13543 Garner Lane, Chico. 1. Failure to comply with the conditions specified herein as the basis for approval of application and issuance of Permit, constitutes cause for the revocation of said permit in accordance with the procedures set forth in the Butte County Zoning Ordinance, including Butte County Code Sec. 24-62. 2. Unless otherwise provided for in a special condition to this use permit, all conditions must be completed by the Permittee within 24.months of the delivery of the countersigned permit to the Permittee. 3. If any use for which a use permit has been granted is not established within two years of the date of receipt of the countersigned permit by the Permittee, the permit shall become null and void and reapplication and a new permit shall be required to establish the use. 4. The terms and conditions of this permit shall run with the land and shall be binding upon and be to the benefit of the heirs, legal representatives, successors, and assigns of the Permittee. Section 1: Environmental Findings. A. An Initial Study was completed in compliance with the California Environmental Quality Act identifying potentially significant environmental effects that the project may have. Provisions and the design of the project and the conditions added to the project will mitigate such effects to a level of insignificance; and B. The Planning Commission has independently reviewed, analyzed, and considered the proposed Negative Declaration with mitigation measures prior to making its decision on the project, and the Negative Declaration reflects the independent judgement of Butte County; and Section 2: Zoning Ordinance Findings. A. The proposed use is a Non -conforming Use of the property which pursuant to Butte County Code Section 24-35 will not conflict with, impair or be detrimental to the uses both permitted and conditional in the SR -1 zone and the Agricultural Residential General Plan designation in which it is located and/or adjoins; and B. The proposed use would not be unreasonably incompatible with, or injurious to, surrounding properties in that the project is conditioned to reduce associated impacts to a level of insignificance that are similar to existing conditions in the area; and C. The proposed use of the property would not be detrimental to the health, safety, and general welfare of the persons residing or working in the neighborhood, or ` to the general health, welfare and safety of the residents of the County in that the proposed use will be conditioned to reduce associated impacts to a level of insignificance. Section 3: Action A. Subject to the findings indicated in Sections 1 and 2 of this Permit and the conditions below, a Negative Declaration with mitigation measures is hereby adopted and the Use Permit approved for Owens Family Trust on APN 0007- 420-060 to allow theatrical plays with rehearsal classrooms and a limited day care facility on property zoned SR -1 located on the west side of Garner Lane at 13543 Garner Lane in the Chico area. B. Minor changes may be approved administratively by the Director of Development Services or designee upon receipt of a substantiated written request by the applicant. Prior to such approval, verification shall be made by each Department or Division that the modification is consistent with the application, fees paid and environmental determination as conditionally approved. Changes deemed to be major or significant in nature shall require a formal application for amendment. C. Mitigation Measures and conditions: 1. No new development or alteration of the property shall be permitted in connection with this Use Permit. All events, functions and meetings shall utilize existing facilities. Any alterations to the site designed for, or intended to be used for permitted activities, shall require a review by the Planning Commission. 2. The use of the property for the. purpose of conducting performances of the children's theater and an associated limited day care facility for participants, will be restricted to eight (8) performances per month and be held on Friday evenings, Saturday's and Sunday's only. All performances shall be concluded by 10:00 p.m. Restrictions do not apply to rehearsals, class time or other preparation functions not involving public attendance of functions. 3. Applicant shall receive approval from the Environmental Health Division for the use and meet all regulations concerning the provision for adequate septic system installation and water availability prior to issuance of Use Permit. 4. Submit a final site plan to Planning Division showing a minimum of 30 parking spaces and indicating required landscaping pursuant to the Butte County Code Section 24-240, including, but not limited to parking lot landcaping. 5. Prior to issuance of Use Permit the proposed use and structure shall be reviewed by the Building Division. A Special Inspection of the structure may be required. The applicant shall obtain written approval from the Building Division for the proposed use and submit a copy to the Planning Division. r6. Provide a covenant for the installation of curb, gutter, and sidewalk to the RS - 2A road standard on Garner Lane. --7. Construct a half street section on Garner Lane to the RS -313 road standard with fog seal, 2 inch prime coat, 8 inch AB, 95% relative compaction of top 6 inches of subgrade. Widening may be allowed if existing road structural section meets County standards. -8: If the parking lot is paved or the lot is otherwise improved, the applicant shall provide a permanent solution for drainage and submit construction and drainage plans to Department of Public Works for approval and install the required facilities. "9. Construct a standard public road approach at the intersection of access and Garner Lane or share a common access with the church to the south. 11. Provide insurance acceptable to Butte County Counsel and name Butte County as also insured. 10. Applicant shall comply with all other applicable state and local ordinances, statutes and regulations. I hereby declare under penalty of perjury that I have read the foregoing conditions, that they are in fact the conditions which were imposed upon the granting of this use permit, and that I agree to abide fully by said conditions. „ . Dated: Applican i NOTE: Issuance of this Use Permit does not waive requirement of obtaining Building and Health Department permits before starting construction, nor does it waive any other requirements. Butte County CC: Land Development Division Building Division Health Department Department of Forestry ng Commission Chair h independent judgement of Butte County; and Section 2: Zoning Ordinance Findings. A. The proposed use is a Non -conforming Use of the property which pursuant to Butte County Code Section 24-35 will not conflict with, impair or be detrimental to the uses both permitted and conditional in the SR -1 zone and the Agricultural Residential General Plan designation in which it is located and/or adjoins; and B. The proposed use would not be unreasonably incompatible with, or injurious to, surrounding properties in that the project is conditioned to reduce associated impacts to a level of insignificance that are similar to existing conditions in the area; and C. The proposed use of the property would not be detrimental to the health, safety, and general welfare of the persons residing or working in the neighborhood, or to the general health, welfare and safety of the residents of the County in that the proposed use will be conditioned to reduce associated impacts to a level of insignificance. Section 3: Action A. Subject to the findings indicated in Sections 1 and 2 of this Permit and the conditions below, a Negative Declaration with mitigation measures is hereby adopted and the Use Permit approved for Owens Family Trust on APN 0007- 420-060 to allow theatrical plays with rehearsal classrooms and a limited day care facility on property zoned SR -1 located on the west side of Garner Lane at 13543 Garner Lane in the Chico area. B. Minor changes may be approved administratively by the Director of. Development Services or designee upon receipt of'a substantiated written request by the applicant. Prior to such approval, verification shall be made by each Department or Division that the modification is consistent with the application, fees paid and environmental determination as conditionally approved. Changes deemed to be major or significant in nature shall require a formal application for amendment. C. Mitigation Measures and conditions: 1. No new development or alteration of the property shall be permitted in connection with this Use Permit. All events, functions and meetings shall utilize existing facilities. Any alterations to the site designed for, or intended to be used for permitted activities, shall require a review by the Planning Commission. 2. The use of the property for the purpose of conducting performances of the children's theater and an associated limited day care facility for participants, will Posh-ltTM brand {�transmittal Amt,, 10 7671 #of pages 1,To CA L (MAS From C r !Dept. Q Phone # 1{ } Fax# 3"i2— p3�Z Fax# i I ?.�1iLti2 y �?ctssiNG Z a 4 a 4 Gp 1 SI DEV'41A �XiSTiti1G � LaAcH LINES T 1 ` 7t� v 14 �o GARNER LANE • D U, BUTTE COUNTY PLANNING COMMISSION NOTICE OF PUBLIC HEARING Notice is hereby given by the Butte County Planning Commission that a public hearing will be held on Thursday, November 30, 1995, in the Butte County Board of Supervisors' Room, County Administration Center, 25 County Center Drive, Oroville, California, regarding the following items: ITEM ON WHICH A NEGATIVE DECLARATION WITH MITIGATION MEASURES REGARDING ENVIRONMENTAL IMPACTS HAS BEEN RECOMMENDED 9:00 a.m. - Owens Family Trust A - Use Permit to allow theatrical plays with rehearsal classrooms, and limited day care facility on property zoned SR -1 (Suburban Residential - 1 acre parcels) and P -Q (Public - Quasi Public) located on the west side of garner Lane, approximately 1,500 feet north of Highway 99 at 13543 Garner Lane, identified as AP 007-420-060, Chico. (SL) (95-188) The above mentioned application, Negative Declaration, and map are on file and available for public viewing at the office of the Butte County Planning Department, 7 County Center Drive, Oroville, California. If you challenge the above applications in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the Planning Commission, at or prior to, the public hearing. BUTTE COUNTY PLANNING COMMISSION BARRY K. HOGAN, PLANNING MANAGER To be published in the Chico Enterprise Record on Thursday, October 19, 1995. 9 9 BUTTE COUNTY PLANNING COMMISSION NOTICE OF PUBLIC HEARING Notice is hereby given by the Butte County Planning Commission that a public hearing will be held on Thursday, November 30, 1995, in the Butte County Board of Supervisors' Room, County Administration Center, 25 County Center Drive, Oroville, California, regarding the following items: ITEM ON WHICH A NEGATIVE DECLARATION WITH MITIGATION MEASURES REGARDING ENVIRONMENTAL IMPACTS HAS BEEN RECOMMENDED 9:00 a.m. - Owens Family Trust A - Use Permit to allow theatrical plays with .rehearsal classrooms, and limited day care facility on property zoned SR -1 (Suburban Residential - 1 acre parcels) and P -Q (Public - Quasi Public) located on the west side of garner Lane, approximately 1,500 feet north of Highway 99 at 13543 Garner Lane, identified as AP 007-420-060, Chico. (SL) (95-188) The above mentioned application, Negative Declaration, and map are on file and available for public viewing at the office of the Butte County Planning Department, 7 County Center Drive, Oroville, California. If you challenge the above applications in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the Planning Commission, at or prior to, the public hearing. BUTTE COUNTY PLANNING COMMISSION BARRY K. HOGAN, PLANNING MANAGER To be published in the Chico Enterprise Record on Thursday, October 19, 1995. • • BUTTE COUNTY PLANNING COMMISSION NOTICE OF PUBLIC HEARING Notice is hereby given by the Butte County Planning Commission that a public hearing will be held on Thursday, November 30, 1995, in the Butte County Board of Supervisors' Room, County Administration Center, 25 County Center Drive, Oroville, California, regarding the following items: ITEM ON WHICH A NEGATIVE DECLARATION WITH MITIGATION MEASURES REGARDING ENVIRONMENTAL IMPACTS HAS BEEN RECOMMENDED 9:00 a.m. - Owens Family Trust A - Use Permit to allow theatrical plays with rehearsal classrooms, and limited day care facility on property zoned SR -1 (Suburban Residential - 1 acre parcels) and P -Q (Public - Quasi Public) located on the west side of garner Lane, approximately 1,500 feet north of Highway 99 at 13543 Garner Lane, identified as AP 007-420-060, Chico. (SL) (95-188) The above mentioned application, Negative Declaration, and map are on file and available for public viewing at the office of the Butte County Planning Department, 7 County Center Drive, Oroville, California. If you challenge the above applications in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the Planning Commission, at or prior to, the public hearing. BUTTE COUNTY PLANNING COMMISSION BARRY K. HOGAN, PLANNING MANAGER To be published in the Chico Enterprise Record on Thursday, October 19, 1995. BUTTE COUNTY PLANNING COMMISSION NOTICE OF PUBLIC HEARING Notice is hereby given by the Butte County Planning Commission that a public hearing will be held on Thursday., November 30, 1995, in the Butte County Board of Supervisors' Room, County Administration Center, 25 County Center Drive, Oroville, California, regarding the following items: ITEM ON WHICH A NEGATIVE DECLARATION WITH MITIGATION MEASURES REGARDING ENVIRONMENTAL IMPACTS HAS BEEN RECOMMENDED 9:00 a.m. - Owens Family Trust A - Use Permit to allow theatrical plays with rehearsal classrooms, and limited day care facility on property zoned SR -1 (Suburban Residential - 1 acre parcels) and P -Q (Public - Quasi Public) located on the west side of garner Lane, approximately 1,500 feet north of Highway 99 at 13543 Garner Lane, identified as AP 007-420-060, Chico. (SL) (95-188) The above mentioned application, Negative Declaration, and map are on file and available for public viewing at the office of the Butte County Planning Department, 7 County Center Drive, Oroville, California. If you challenge the above applications in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the Planning Commission, at or prior to, the public hearing. BUTTE COUNTY PLANNING COMMISSION BARRY K. HOGAN, PLANNING MANAGER To be published in the Oroville Mercury on Thursday, October 19, 1995. •. • BUTTE COUNTY PLANNING COMMISSION NOTICE OF PUBLIC HEARING Notice is hereby given by the Butte County Planning Commission that a public hearing will be held on Thursday, November 30, 1995, in the Butte County Board of Supervisors' Room, County Administration Center, 25 County Center Drive, Oroville, California, regarding the following items: ITEM ON WHICH A NEGATIVE DECLARATION WITH MITIGATION MEASURES REGARDING ENVIRONMENTAL IMPACTS HAS BEEN RECOMMENDED 9:00 a.m. - Owens Family Trust A - Use Permit to allow theatrical plays with rehearsal classrooms, and limited day care facility on property zoned SR -1 (Suburban Residential - 1 acre parcels) and P -Q (Public - Quasi Public) located on the west side of garner Lane, approximately 1,500 feet north of Highway 99 at 13543 Garner Lane, identified as AP 007-420-060, Chico. (SL) (95-188) The above mentioned application, Negative Declaration, and map are on file and available for public viewing at the office of the Butte County Planning Department, 7 County Center Drive, Oroville, California. If you challenge the above applications in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the Planning Commission, at or prior to, the public hearing. BUTTE COUNTY PLANNING COMMISSION BARRY K. HOGAN, PLANNING MANAGER To be published in the Oroville Mercury on Thursday, October 19, 1995. BUTTE COUNTY PLANNING COMMISSION NOTICE OF PUBLIC HEARING Notice is hereby given by the Butte County Planning Commission that a public hearing will be held on Thursday, November 30, 1995, in the Butte County Board of Supervisors' Room, County Administration Center, 25 County Center Drive, Oroville, California, regarding the following items: ITEM ON WHICH A NEGATIVE DECLARATION WITH MITIGATION MEASURES REGARDING ENVIRONMENTAL IMPACTS HAS BEEN RECOMMENDED 9:00 a.m. - Owens Family Trust A - Use Permit to allow theatrical. plays with rehearsal classrooms, and limited day care facility on property zoned SR -1 (Suburban Residential - 1 acre parcels) and P -Q (Public - Quasi Public) located on the west side of garner Lane, approximately 1,500 feet north of Highway 99 at 13543 Garner Lane, identified as AP 007-420-060, Chico. (SL) (95-188) The above mentioned application, Negative Declaration, and map are on file and available for public viewing at the office of the Butte County Planning Department, 7 County Center Drive, Oroville, California. If you challenge the above applications in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in . this notice or in written correspondence delivered to the Planning Commission, at or prior to, the public hearing. BUTTE COUNTY PLANNING COMMISSION BARRY K. HOGAN, PLANNING MANAGER To be published in the Oroville Mercury on Thursday, October 19, 1995. • BUTTE COUNTY PLANNING COMMISSION NOTICE OF PUBLIC HEARING Notice is hereby given by the Butte County Planning Commission that a public hearing t will be held on Thursday, November 30, 1995, in the Butte County Board of Supervisors' Room, County Administration Center, 25 County Center Drive, Oroville, California, regarding the following items: a ITEM ON WHICH A NEGATIVE DECLARATION WITH MITIGATION MEASURES REGARDING ENVIRONMENTAL IMPACTS HAS BEEN RECOMMENDED 9:00 a.m. - Owens Family Trust A - Use Permit to allow theatrical plays with rehearsal classrooms, and limited day care facility on property zoned SR -1 (Suburban Residential - 1 acre parcels) and P -Q (Public - Quasi Public) located on the west side of garner Lane, approximately 1,500 feet north of Highway 99 at 13543 Garner Lane, identified as AP 007-420-060, Chico. (SL) (95-188) t The above mentioned application, Negative Declaration, and map are on file and available for public viewing at the office of the Butte County Planning Department, 7 County Center Drive, Oroville, California. If you challenge the above applications in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the Planning Commission, at or prior to, the public hearing. BUTTE COUNTY PLANNING COMMISSION BARRY K. HOGAN, PLANNING MANAGER To be published in the Oroville Mercury on Thursday, October 19, 1995. BUTTE COUNTY PLANNING COMMISSION NOTICE OF PUBLIC HEARING Notice is hereby given by the Butte County Planning Commission that a public hearing will be held on Thursday, November 30, 1995, in the Butte County Board of Supervisors' Room, County Administration Center, 25 County Center Drive, Oroville, California, regarding the following items: ITEM ON WHICH _ANEGATIVE DECLARATION WITH MITIGATION MEASURES REGARDING ENVIRONMENTAL IMPACTS HAS BEEN RECOMMENDED 9:00 a.m. - Owens Family Trust A - Use Permit to allow theatrical plays with rehearsal classrooms, and limited day care facility on property zoned SR -1 (Suburban Residential - 1 acre parcels) and P -Q (Public - Quasi Public) located on the west side of garner Lane, approximately 1,500 feet north of Highway 99 at 13543 Garner Lane, identified as AP 007-420-060, Chico. (SL) (95-188) The above mentioned application, Negative Declaration, and map are on file and available for public viewing at the office of the Butte County Planning Department, 7 County Center Drive, Oroville, California. If you challenge the above applications in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the Planning Commission, at or prior to, the public hearing. BUTTE COUNTY PLANNING COMMISSION BARRY K. HOGAN, PLANNING MANAGER To be published in the Oroville Mercury on Thursday, October 19, 1995. BUTTE COUNTY PLANNING COMMISSION NOTICE OF PUBLIC HEARING Notice is hereby given by the Butte County Planning Commission that a public hearing will be held on Thursday, November 30, 1995, in the Butte County Board of Supervisors' Room, County Administration Center, 25 County Center Drive, Oroville, California, regarding the following items: ITEM ON WHICH A NEGATIVE DECLARATION WITH MITIGATION MEASURES REGARDING ENVIRONMENTAL IMPACTS HAS BEEN RECOMMENDED 9:00 a.m. - Owens Family Trust A - Use Permit to allow theatrical plays with rehearsal classrooms, and limited day care facility on property zoned SR -1 (Suburban Residential - 1 acre parcels) and P -Q (Public - Quasi Public) located on the west side of garner Lane, approximately 1,500 feet north of Highway 99 at 13543 Garner Lane, identified as AP 007-420-060, Chico. (SL) (95-188) The above mentioned application, Negative Declaration, and map are on file and available for public viewing at the office of the Butte County Planning Department, 7 County Center Drive, Oroville, California. If you challenge the above applications in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the Planning Commission, at or prior to, the public hearing. BUTTE COUNTY PLANNING COMMISSION BARRY K. HOGAN, PLANNING MANAGER To be published in the Oroville Mercury on Thursday, October 19, 1995. AGENDA REPORT AGENDA ITEM TO: Honorable Chair and Development Review Committee FROM: Barry K. Hogan, Planning Manager BY: Stephen Hackney, Associate Planner DATE: September 27, 1995 REQUEST: Tentative Parcel Map on AP#007-420-060 for Owens Family Trust A/Domina Owens: A request to divide approximately 4.6 acres of land into four parcels, approximately one (1) acre each, located on the west side of Garner Lane at Garner and Hwy 99, within the SR -1 zone in the Chico area. RELATED ITEM: CSA 87 Specific Plan, Rezone & GPA. FOR: Development Review Committee Meeting of March 27, 1995 ABSTRACT: This Tentative Parcel Map is a request for a land division to create four (4) parcels of 1+ acres in size. The proposal conforms to the zoning and the General Plan. Approval of this application is recommended. PROJECT CHARACTERISTICS: This project is a Tentative Parcel Map request to divide a 4.6 acre parcel into four (4) parcels of approximately one acre each. The parcel is located on Garner Lane approximately one quarter mile north of the Garner Lane/SR99 intersection, in the north Chico area. The project is located in an open grassland habitat. The site is relatively flat (0-2% slope), The site is characterized by Vina clay loam and Vina clay loam adobe. These types of soils give the site poor surface and subsurface drainage. Land uses on the site have included open space and a building used for occasional club meetings (Garner Hall). Surrounding parcels are similar in open space and rural residential uses. Adjacent parcels to the north and east have already been divided into similar sizes. The parcel to the south and west is a 20 acre parcel zoned PQ. Owners of the this parcel have recently received a Use Permit to build a church. PROJECT AND SURROUNDING ZONING, GENERAL PLAN DESIGNATION AND EXISTING LAND USE: Described below are the project and surrounding zoning, general plan land use designation and the existing land uses. Direction Zoning General Plan Existing Land Use Proiect: SR -1 Agricultural Residential Building (Meeting Hall), Open Space North: AR Agricultural Residential Rural Residential South: PQ Public Open Space East: SR -1 Agricultural Residential Rural Residential West: PQ Public Open Space ANALYSIS: The proposed project conforms to the zoning and General Plan designation for Agricultural Residential. The project meets the one acre minimum of the designation as found under Conditionally Consistent Zones. Areas of concern include access, traffic, and use of existing structure (proposed Lot #1).The traffic that will be generated by three residential lots may only pose a problem in terms of access. Access off of Garner Lane is designed to be from the proposed road access for the adjacent parcel (see Parcel Map). The project engineer will be required to work out an access agreement with the Pleasant Valley Baptist Church (pending ■ Butte County Department of Development Services - Planning Division ■ • AGENDA ITEM new owners of the adjacent parcel) for access to the satisfaction of Butte County Public Works. Traffic in and out of the front of proposed Lot #1, site of the existing building (identified as Garner Hall), may pose a traffic hazard. The building has been used in the past as a meeting hall for various organizations. Occasional meetings once or twice a month have not presented a problem. Two factors must now be considered: the adjacent access to the church, and the commercial uses of the existing structure. Traffic entering and existing the adjacent parcel will be especially heavy on Sundays and during church events. Occasional meetings in Gamer Hall do not pose traffic concerns, but commercial uses of the site would present traffic concerns. The application identified this front lot as "commercial." The site is zoned SR -1, not commercial. The site has been used for commercial purposes but is currently not in use for commercial activities. In discussions with staff, the owner and project engineer have been informed that such uses were not permitted without a Use Permit. Lot #1 is zoned for residential use and cannot be used for commercial use. The building may be used for occasional meetings (once or twice a month) due to grandfathered use of the site. If public/quasi-public use of this building is desired, the applicant shall apply for a Use Permit. ENVIRONMENTAL DOCUMENTATION: This application has been defined as a project under the California Environmental Quality Act (CEQA) and as such, is subject to the requirements of CEQA. An Initial Study has been prepared by County staff. Based upon the a review of the Initial Study, staff has determined that the project impacts can be fully mitigated with the addition of the following mitigation measures added as conditions of approval for the project. Changes to the Initial Study include the following: Mitigation #1: Applicant shall place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet stating, "Mobile homes shall be anchored to in -ground foundations per seismic zone 3 requirements of the unfiorm building code." Mitigation #2: Provide a drainage plan, including on-site detention or retention ponds or other approved methods, so that there is no increase in peak runoff from the project prior to recordation of map. Mitigation #3: Applicant shall pay $200.00 per lot for a total fee of $600.00 prior to recordation of map. All new structures must meet the fire safe regulations of Butte County and PRC 4290. Mitigation #4: Applicant shall sign the CSA #87 Traffic and Drainage Mitigation Agreement and pay the required fee prior to building permit and record the agreement prior to recordation of the map. PUBLIC NOTICE AND COMMENTS: This application requires that a public hearing be advertised and held. Public notices shall mailed to all property owners within a 300 foot radius of the subject property. RECOMMENDATION: Staff recommends that the Development Review Committee approve the application on AP# 007-420-060, subject to the following findings and conditions. Section 1: Environmental Findings. A. An Initial Study was completed in compliance with the California Environmental Quality Act which identified potential significant environmental effects that the project may have. ■ Butte County Department of Development Services - Planning Division ■ 2 AGENDA ITEM Provisions and the design of the project and the conditions added to the project will mitigate such effects to a level of insignificance; and B. The land division and improvements have the potential to cause environmental damage to fish or wildlife or their habitat and will require assessment fees pursuant to Public Resources Code 711.4; and C. The Development Review Committee has independently reviewed, analyzed and considered the proposed Negative Declaration prior to making its decision on the project, and said Negative Declaration reflects the independent judgement of the County of Butte. Section 2: Subdivision Map Act Findings. A. The proposed map is consistent with the Butte County General Plan Goals and Policies; and B. The design and improvements of the proposed subdivision is consistent with applicable County standards and policies; and C. The project is physically suitable for the use and density of the proposed development; and D. The design and improvements of the project will not cause public health or safety problems; and E. The design and improvements of the project will not conflict with easements, acquired by the public at large, for the access through or use of, property within the proposed subdivision; F. The project will not be detrimental to the health, safety and welfare of the people of Bute County provided the following conditions are met; and Section 3: Action. A. Subject to the findings indicated in Sections 1 and 2 of this report, move to adopt a Negative Declaration with mitigation measures and approve the Tentative Parcel Map Owens Family Trust A/Domina Owens on APN 007-420-060, subject to the following conditions. B. Conditions of Approval: Applicant shall place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet stating, "Mobile homes shall be anchored to in -ground foundations per seismic zone 3 requirements of the Uniform Building Code." (MM) 2. Provide a drainage plan, including on-site detention or retention ponds or other approved methods, so that there is no increase in peak runoff from the project prior to recordation of map. (MM) 3. Applicant shall pay $200.00 per lot for a total fee of $600.00 prior to recordation of map. All new structures must meet the fire safe regulations of Butte County and PRC 4290. (MM) 4. Applicant shall sign the CSA #87 Traffic and Drainage Mitigation Agreement and pay the required recording fee prior to recordation of the map. (MM) ■ Butte County Department of Development Services - Planning Division ■ 3 0 0 AGENDA ITEM 5. Should any historic or prehistoric sites, features, artifacts, or human skeletal remains be discovered during the project development, activity shall cease until a qualified professional archaeologist has been consulted to assess the archaeological or historic significance. (MM) 6. All new structures must meet the Fire Safe Regulations of Butte County and PRC 4290. 7. In lieu of a pressurized water system, the applicant shall make payment into the appropriate water tender fund at $200 per lot for a total fee of $600.00 into the Battalion 4 Fund. 8. Applicant shall comply with CSA 87 Specific Plan, street & tree development review, and lighting requirements. 9. There shall be one access from Garner Lane to the four lots. Applicant shall provide a 1 foot no access strip along Garner Lane frontage of parcel APN 007-420-060, proposed Lot #1, from the north property line south to the access road. 10. Verify legal access to parcel from a publicly maintained road. 11. Provide two-way traversable access to each parcel from a county maintained road or state highway. Improve parcel access road to RS -36 and access road to parcel being divided to RS -36. Submit road and drainage plans to Land Development for checking and approval prior to construction. 12. Access to be reserved in deeds as per county ordinance and offered for dedication on the final map. 13. Show a 50 ft. building setback line measured from centerline of Garner Lane and 50 ft. from centerline of the access easement. 14. Provide a road maintenance agreement. 15. Deed to the County of Butte 30 ft. right-of-way from the centerline of Garner Lane. 16. Show all easements of record on the final map. 17. Provide street name signs per requirements of the Department of Public Works prior to recordation of the final map. 18. Provide permanent solution for drainage. 19. Provide cul-de-sac at the end of the street. 20. Obtain encroachment permit and construct standard road approach providing adequate sight distance at the intersection of access road and Garner Lane. An alternate would be to share a common access with the church to the south to provide a singular safe approach. 21. Obtain encroachment permit for all driveways, new or existing, and construct to county standards. 22. Pay delinquent taxes or current taxes as required. ■ Butte County Department of Development Services - Planning Division ■ 4 0 • AGENDA ITEM 23. Meet the requirements of the Butte County Fire Department. 24. Developer shall provide all necessary traffic safety signs including stop sign. Place a note on the final map stating property owners are responsible for maintenance of stop sign. 25. Applicant shall meet the requirements of Environmental Health Division NOTE: Minor changes may be approved administratively by the Director of Development Services, or designee, upon receipt of a substantiated written request.by the applicant. Prior to such approval, verification shall be made by each Department or Division that the modification is consistent with the application, fees paid, and environmental determination as conditionally approved. Changes deemed to be major or significant in nature shall require a formal application for amendment. If no changes are made prior to recordation of the parcel map, this condition shall be considered to have been met. k:\dre\owens.rep ■ Butte County Department of Development Services - Planning Division ■ 5 DEPARTMENT OF TRANSPORTATION DISTRICT 3 P.O. BOX 911 MARYSVILLE, CA 95901 TOO Telephone (916) 741.4509 FAX (916) 7415346 Telephone (916) 741-4539 July 5, 1995 GBUT073 03 -BUT -99 PM 37.8 , Owens Family Trust CUP95-188,, Application Wo J10 Mr. Barry Hogan, Manager Butte County Planning Division Department of Development Services 7 County Center Drive Oroville, CA 95965-3397 Dear Mr. Hogan: - • Thank you for the opportunity to review and comment on the above referenced document. COMMENTS: No significant impacts on State Route (SR) 99 are expected to occur from this project alone, but it will contribute to cumulative traffic impacts at the SR 99/Garner intersection. If you have any questions regarding these comments, please contact Terri Pencovic, Inter Governmental Review/CEQA Coordinator, at (916) 741-4199. Sincerely, E. A. "LIB" HARAUGHTY, Chief Office of Transportation Planning - Rural : Jon Clark, Butte County Association of Governments Planning Division JUL. 10 19y5 Oroviiie, C'aatvcrua K BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION COMMENT SHEET TO: County Fire Department/CDF DATE: June 6. 1995 AP NO.: 007-420-060 RETURN BY: July 6. 1995 PROJECT DESCRIPTION: Use Permit APPLICANT: Owens Family Trust A ENGINEER: CONDITIONS AND/OR COMMENTS: f LD 1170 (6/92) BY. F t � � BUTTE COUN'T'Y DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION COMMENT SHEET y TO: Chico Planning Dept. DATE: June 6, 1995 AP NO.: 007-420-060 RETURN BY: July 6, 1995 'PROJECT DESCRIPTION: Use Permit APPLICANT: Owens Family Trust A ENGINEER: CONDITIONS AND/OR COMMENTS: mt) (?Cv� LD 1170 (6/92) BY: 0. planning Q,'p$rtnoant UUII 1 1995 Oro ylr :If�ry M pf JUN - 71995 I BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION COMMENT SHEET TO: County Public Works DATE: June 6. 1995 AP NO.: 007-420-060 RETURN BY: July _6. 1995 PROJECT DESCRIPTION: Use Permit APPLICANT: Owens Family Trust A ENGINEER: CONDITIONS AND/OR COMMENTS: cgs s >A✓6r cH, co vrA�✓ fJ�es Przad/�� C o vi4+✓/o ri- /a s T�7 [ L �n v/= C vrz r6 , G vTrL, >!� lZ S - Z 1� � sT/�•v�v-�O oy✓ C�/�rv�n.-. G/fi✓GT . 2 C,, rnlLT - 41i 14 A�V ZZOIZ 16 7114 -11A lk S fi-e�f' S��Prrn �✓ l'.� N�rc . Z/� i+iGr 72 "./4C 11A� J �, /�vv S'i✓!�/f�D . [v/rit �v� SES/ / /�/1rr� P/ , �� y� C c cf/d�✓ ar< To/� �` of SdttG�/�-lam' A//vowirv� o._oW-� S r�ac�i��-c SZ�Ta,✓ T� cov�r�31. �iL'/tvr//�-t- C'ar✓z 772r�LT s'TJ9,✓��A�i� 6�vo uc. /�3 �J rq-/'/�i� �a-c f� /fT Tjf-r1 1�rs' ted,✓ dr= s 4,W e,4-iLi1c� 4/WA XA1 AZ713 AA- l�ot/�D 14? .7VS i?�� /f C Ay^ ACc�S wi71 7—/iyGl CC�rir_�/.i- ?a 77,-P- .Sry&17-7f: LD 1170 (6/92) BY:G�v�j Cl G� 9s' BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION COMMENT SHEET I 7 TO: Chico Unified School District DATE: June 6. 1995 AP NO.: 007-420-060 RETURN BY: July 6. 1995 PROJECT DESCRIPTION: Use Permit —APPLICANT: Owens Family Trust A ENGINEER: CONDITIONS AND/OR COMMENTS: P�✓ r.y � � r ^.l 11995 Chico Unified School District representatives have reviewed the information contained in this application and have determined that the application has no adverse impact on District facilities. LD 1170 (6/92) BY:`�-' Planning Department JUN 12 1995 Oroville, Qvirornia • hSuffe Count -,�� .. " FA PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (916) 538-7601 FAX: (916) 538-7785 July 5, 1995 Noel Owens 80 Owens Rd. Chico, CA 95926 RE: Use Permit application for a childrens theater on APN 007-420-060. Mr. Owens, Your application for the above referenced Use Permit is currently being evaluated by planning staff to determine whether or not the project may have significant impacts. This application must be viewed in two ways, first as a project on one 4.3 acre parcel (Scenario #1), and secondly, as a project on a 1.6 acre parcel as proposed on the recently approved tentative parcel map (Scenario #2). This is necessary because you may choose not to act on the approved map which changes the parameters of the project. In order to make a thorough environmental analysis of the project, staff requires that you submit two site plans and accompanying information that reflects both scenarios. The following items should be clarified and the information submitted to staff. The two site plans required should include a number of essential items that are necessary for a full evaluation of project impacts. Two new site plans should be submitted including the following items; (a sample site plan is enclosed) a. A vicinity map showing'the relationship between your parcel and surrounding uses, including the proximity of this site to SR 99. b. Show and label (with dimensions) all improvements on the site including buildings, septic systems/tanks and parking areas. C. Indicate the distance between the leach fields and the well. d. Show on Scenario #2 all easements on the property (current and proposed), specifically the road on the south boundary of the site that provides access to parcels west of this site as shown on the TPM. e. Show all parking areas and indicate individual spaces, how they are to be arranged, and what type of surfacing is proposed for the parking areas. f. Show the present or proposed point of ingress/egress to the site. The Parcel Map recently approved allows for only one access point, where will the access from the proposed access road be, given Scenario #2 ? g. Indicate on the site plan the surface of all areas of the lot (grass, gravel, pavement?). h. Show landscaping as required by the Butte County Code and the North Chico Specific Plan. i2. Your application indicates the site will be used for a childrens theater, limited day care and an assembly hall. How often will each of these uses be operated (days, hours), how many people (participants/employees) will be associated with each of the uses, and, if the existing building is to be utilized for each of these uses, how will the building be segmented for these uses? How often and when (days,hours) will there be public performances and what will be the seating capacity of the theater? ,,4. Does the parking plan account for each of the above named uses to be operated simultaneously ? /5. If the parking area or any other area of the site is proposed to be paved, how will drainage from these impervious surfaces be mitigated? X �6., The site plan submitted with the application shows the leach field within 100 ft. of the existing well, this would not meet current Environmental Health Division requirements for leachfield-well separation. The recently approved Parcel Map indicates as a condition of approval, that the existing septic system shall be altered to allow for the 100 ft. separation. ✓ 7. Does the existing well have adequate capacity to serve the proposed use and meet fire fighting requirements? ./8. Will any outdoor functions take place and if so, will they require amplified sound, exterior lighting, or additional structures? '/9. Provide a breif description of the historical use of the property that will substantiate the continuation of a nonconforming use on this property. The SR -1 zone does not allow for commercial uses so the pre-existing uses are paramount to project approval. Once these items are answered and/or submitted, staff can continue the evaluation of the project. If you have any questions concerning this letter please contact the Planning Division at 538-7601. Sincerely, Stephen Lucas, Associate Planner cc: Rich Singo, 538 W 11th Ave, Chico, CA 95926 Bachman Associates k:Uetters\oweru.ltr �L I U5 /a/41 Planning Department J U N 0 6.1995 OrMiite, *,a:,rornia COPORYIGINAL 41 I W AGENDA REPORT TO: Honorable Chair and Planning Com 'ssion FROM: Barry K. Hogan, Planning Manage , BY: Stephen Lucas, Associate PlMne DATE: October 12, 1995 0 AGENDA ITEM REQUEST: Use Permit for Owens Family Trust on APN 007-420-060: A request for a Use Permit to allow children's theatrical plays with rehearsal classrooms and a limited day care facility as an alteration of a nonconforming use on a 1.5 acre parcel located on the west side of Garner Lane approximately 1500 ft. north of SR 99 at 13543 Garner Lane, Chico. The property is zoned SR -1 (Suburban Residential -1 acre min.) This project is located in Supervisorial District 3. RELATED ITEMS: Tentative Parcel Map approved May 8, 1995 for four parcels. (Attached) FOR: Planning Commission Meeting of November 30, 1995 ABSTRACT: This application is for a Use Permit to allow theatrical plays with rehearsal classrooms and a limited day care facility. The proposed use is an alteration of a pre-existing nonconforming use in the SR -1 zone and Agricultural Residential General Plan designations. Staff recommends approval with conditions and findings contained in this report. PROJECT CHARACTERISTICS: This project is a request for a Use Permit to allow an existing nonconforming use to be altered to allow theatrical plays with rehearsal classrooms and a limited day care facility for participants and attendees. The use will occur on a 1.5 acre parcel located at 13543 Garner Lane in North Chico. The parcel in question was one of four recently approved 1+ acre lots created by a tentative parcel map (approved on May 8, 1995) on a 4.6 acre parcel owned by the same party. The tentative map has yet to be recorded/finaled, however, this project will address the use as if the map has been recorded. The applicant is asking for the use of the building for drama classes and rehearsals 8 hours a day Monday through Friday. Performances are to be held on Friday evening's, Saturday's and Sunday afternoons with 8 performances a month being held for an anticipated 60 person seating capacity. The applicant proposes to utilize the existing 5,400 sq. ft. building and a large, 36+ space gravel parking area. An occupied mobile home and a shed are also present on the site. The mobile home is located along the rear (west) property line and screened from view by landscaping. The original 4.6 acre parcel was zoned both PQ and SR -1 with a General Plan designation of Agricultural Residential and Public. The smaller 1.5 acre lot containing the proposed use is within the SR -1 zone and the Agricultural Residential General Plan designation. The parcel is also within the North Chico Specific Plan area. The surrounding area is predominantly suburban residential uses with some property owners maintaining stables for horses. The exception to this characterization is the lot to the south where a church has been approved and is being built. Access to the site will be from Garner Lane via a shared driveway at the southeast corner of the lot. ■ Butte County Department of Development Services - Planning Division ■ 1 AGENDA ITEM ANALYSIS: The Initial Study completed for.this project has identified two primary issues and concerns that must be addressed in order to accurately assess the project. These issues/concerns are land use and traffic generation. Some questions are raised as to the need for improvements to the existing well and septic system on the property to ensure adequate capacity for the proposed use, but these issues will be required to be resolved as a condition of approval. Site design for access and drainage will be required to adhere to the conditions established for the Tentative Parcel Map approved on the site in May 1995. The TPM conditions are not reflected individually in this report, but will be covered by one single condition requiring that all appropriate conditions be met. Land Use The project site is zoned SR -1 with a General Plan designation of Agricultural Residential and is within the North Chico Specific Plan area. The Garner Hall building proposed for the project is a pre-existing structure built in 1968 that has been historically used as an Odd Fellows assembly hall and for other community events prior to the recent intensive residential development in the area. With the adoption of the SR -1 zone in 1981, the existing use of the building became a nonconforming use which could continue to operate without any changes in the use. This status did not change as a result of the adoption of the North Chico Specific Plan. This use permit is to allow the alteration of this pre-existing use pursuant to Butte County Code Section 24-35.2, so that the building can be used for drama classes and as a childrens theater. The alteration in the use will not be unreasonably incompatible with or conflict with, the surrounding suburban residential uses provided no new development occurs on the property beyond existing levels of intensity and the use is limited in scope to weekday rehearsals and weekend performances. The use of the building for the intended purpose will not cause significant traffic, noise, light, or environmental impacts that could be a nuisance to the surrounding parcels. In locating the proposed use in a safe residential environment, close to potential participants and easily accessible to SR 99, the proposal allows for a positive use of an existing building for a community oriented activity. It should be noted that the building could continue to be used for a variety of public assembly purposes without the need of a use permit. These permitted uses could involve a much larger number of people and not be subject to the site improvements or occupancy levels associated with the proposed use. In approving this use, the Commission has the opportunity to control an existing nonconforming property and impose conditions that will allow the use to harmoniously co -exist with residential uses in the area. Road and Traffic impacts An issue of concern is the traffic impacts associated with the project. The proposal will not generate a substantial number of vehicle trips because the expected of number of vehicle trips generated from this use will be between 30 and 60 trips per performance and between 14 and 28 trips a day during classroom rehearsals. The applicant anticipates conducting performances at the children's theater a maximum of 8 times a month and holding classroom rehearsals 3 to 4 times a week. When these events are combined, the two items will generate approximately 150 to 300 trips per week or the approximate equivalent of the traffic generated by four to five residential units in a week. The traffic generated will also occur during non -peak hours, generally between 7:00 p.m. and 10:00 p.m. on Friday and Saturday evenings and midday on Sunday. The cumulative annual impact of the traffic generated by this use is incremental compared to the average daily traffic counts found on Garner Lane where the Level of Service is above Level "C", the minimum County Ar Butte County Department of Development Services - Planning Division AF 2 standard. The proposed use will operate on a parcel adjoining the recently approved church to the south which will add additional cumulative traffic counts on Sunday's. The total traffic on Sunday will not be significant because the traffic will be dispersed at intervals and at non -peak hours. The North Chico Specific Plan (NCSP) indicates that Garner Lane and the Garner Lane/SR 99 intersection are capable of serving all new development in the area now and in the future. The California Department of Transportation has responded to this project by commenting that no significant impacts on SR 99 are expected to occur from this project, but it will contribute to the cumulative impact on the Garner Lane/SR 99 intersection. This use represents only a small fraction of the possible traffic impacts that are anticipated from the planned residential development in the area which the NCSP allows for an increase of approximately 3000 new residential units. Other concerns The existing 5400 sq ft building was built in 1968 and may not meet current building code standards for the proposed use. Prior to issuance of Use Permit, the applicant will be required to have the building inspected by the Building Division to determine the safety of the structure for the proposed use. If the building does not meet Building Code requirements for the proposed use, the applicant shall correct any problems toy the satisfaction of the Building Division or the Use Permit will be invalid and the applicant shall be required to vacate the structure and/or cease the use. The project site is located in the Chico Urban Area and is subject to the road improvements required by the City. The Department of Public Works (DPW) will monitor these requirements and they will be included as conditions of project approval. Additionally, the DPW is requiring the applicant to construct a half street section along the property frontage with Garner Lane, provide a permanent solution for drainage, and construct a standard public road approach at the access point to Garner Lane. The Butte County Fire Department has responded with no additional concerns. ENVIRONMENTAL DOCUMENTATION: This application has been defined as a project under the California Environmental Quality Act (CEQA) and as such, is subject to the requirements of CEQA. An Initial Study has been prepared by County staff. Based upon the a review of the Initial Study, staff has determined that the project impacts can be fully mitigated with the addition of mitigation measures added as conditions of approval for the project. PUBLIC NOTICE AND COMMENTS: This application requires that a public hearing be advertised and held. Public notices were mailed to all property owners within a 300 foot radius of the subject property. As of the date of this report we have received no public comments. RECOMMENDATION: Staff recommends that the Planning Commission approve the application for the Owens Family Trust on APN 007-420-060, subject to the following findings and conditions in the attached Exhibit "A". Attachments: A: Project and Surrounding Area, B: Vicinity Map C: Site Plan D: Environmental Documentation Ar Butte County Department of Development Services - Planning Division Ar 3 • EXHIBIT "A" USE PERMIT BUTTE COUNTY PLANNING COMMISSION DATE: (Certified Mail Rec.) 95-188 PERMIT NO. AP 007-420-060 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Owens Family Trust is hereby granted a Use Permit in accordance with application filed: 6/5/95 to allow children's theatrical plays with rehearsal classrooms and a limited day care facility on property zoned SR -1 located at 13543 Garner Lane, Chico. Failure to comply with the conditions specified herein as the basis for approval of application and issuance of Permit, constitutes cause for the revocation of said permit in accordance with the procedures set forth in the Butte County Zoning Ordinance, including Butte County Code Sec. 24-62. 2. Unless otherwise provided for in a special condition to this use permit, all conditions must be completed by the Permittee within 24 months of the delivery of the countersigned permit to the Permittee. If any use for which a use permit has been granted is not established within two years of the date of receipt of the countersigned permit by the Permittee, the permit shall become null and void and reapplication and a new permit shall be required to establish the use. 4. The terms and conditions of this permit shall run with the land and shall be binding upon and be to the benefit of the heirs, legal representatives, successors, and assigns of the Permittee. Section 1: Environmental Findings. A. An Initial Study was completed in compliance with the California Environmental Quality Act identifying potentially significant environmental effects that the project may have. Provisions and the design of the project and the conditions added to the project will mitigate such effects to a level of insignificance; and B. The Planning Commission has independently reviewed, analyzed, and considered the proposed Negative Declaration with mitigation measures prior to making its decision on the project, and the Negative Declaration reflects the independent judgement of Butte County; and Ar Butte County Department of Development Services - Planning Division A 4 Section 2: Zoning Ordinance Findings. A. The proposed use is a Non -conforming Use of the property which pursuant to Butte County Code Section 24-35 will not conflict with, impair or be detrimental to the uses both permitted and conditional in the SR -1 zone and the Agricultural Residential General Plan designation in which it is located and/or adjoins; and B. The proposed use would not be unreasonably incompatible with, or injurious to, surrounding properties in that the project is conditioned to reduce associated impacts to a level of insignificance that are similar to existing conditions in the area; and C. The proposed use of the property would not be detrimental to the health, safety, and general welfare of the persons residing or working in the neighborhood, or to the general health, welfare and safety of the residents of the County in that the proposed use will be conditioned to reduce associated impacts to a level of insignificance. Section 3: Action A. Subject to the findings indicated in Sections 1 and 2 of this Permit and the conditions below, a Negative Declaration with mitigation measures is hereby adopted and the Use Permit approved for Owens Family Trust on APN 0007-420-060 to allow theatrical plays with rehearsal classrooms and a limited day care facility on property zoned SR -1 located on the west side of Garner Lane at 13543 Garner Lane in the Chico area. B. Minor changes may be approved administratively by the Director of Development Services or designee upon receipt of a substantiated written request by the applicant. Prior to such approval, verification shall be made by each Department or Division that the modification is consistent with the application, fees paid and environmental determination as conditionally approved. Changes deemed to be major or significant in nature shall require a formal application for amendment. C. Mitigation Measures: No new development or alteration of the property shall be permitted in connection with this Use Permit. All events, functions and meetings shall utilize existing facilities. Any alterations to the site designed for, or intended to be used for permitted activities, shall require a review by the Planning Commission. 2. The use of the property for the purpose of conducting performances of the children's theater and an associated limited day care facility for participants, will be restricted to eight (8) performances pei month and be held on Friday evenings, Saturday's and Sunday's only. All performances shall be concluded by 10:00 p.m. Restrictions do not apply to rehearsals, class time or other preparation functions not involving public attendance of functions. AF Butte County Department of Development Services - Planning Division AF E D. Planning Division Conditions: • Applicant shall receive approval from the Environmental Health Division for the use and meet all regulations concerning the provision for adequate septic system installation and water availability prior to issuance of Use Permit. 2. Submit a final site plan to Planning Division showing a minimum of 30 parking spaces and indicating required landscaping pursuant to the Butte County Code Section 24-240, including, but not limited to parking lot landcaping. Prior to issuance of Use Permit the proposed use and structure shall be reviewed by the Building Division. A Special Inspection of the structure may be required. The applicant shall obtain written approval from the Building Division for the proposed use and submit a copy to the Planning Division. E. Public Works Department Conditions: Provide a covenant for the installation of curb, gutter, and sidewalk to the RS -2A road standard on Garner Lane. 2. Construct a half street section on Garner Lane to the RS -313 road standard with fog seal, 2 inch prime coat, 8 inch AB, 95% relative compaction of top 6 inches of subgrade. Widening may be allowed if existing road structural section meets County standards. If the parking lot is paved or the lot is otherwise improved, the applicant shall provide a permanent solution for drainage and submit construction and drainage plans to Department of Public Works for approval and install the required facilities. . 4. Construct a standard public road approach at the intersection of access and Garner Lane or share a common access with the church to the south. 5. Applicant shall comply with all other applicable state and local ordinances, statutes and regulations. I hereby declare under penalty of perjury that I have read the foregoing conditions, that they are in fact the conditions which were imposed upon the granting of this use permit, and that I agree to abide fully by said conditions. Dated: Applicant NOTE: Issuance of this Use Permit does not waive requirement of obtaining Building and Health. Department permits before starting construction, nor does it waive any other requirements. Butte County Planning Commission Chair AF Butte County Department of Development Services - Planning Division Ar 6 CC: Land Development Division Building Division Health Department Department of Forestry k: \pereport\owens. rpt AF Butte County Department of Development Services - Planning Division l I VICINITY MAP AP# 007-420-060 UP 95-188 - as c c� SR -1 C-1 o OS Project Location R-1 A-2 OS BUTTE COUNTY PLANNING COMMISSION Applicant: Owens Family Trust Owner: Domina Owens, Trustee Hearing Date: Existing Zone: SR -1, P -Q Request: Use Permit to allow theatrical plays with rehearsal classrooms, and limited day care facility. Assessor Parcel No: 007-420-060 N No Scale File: 95-188